Contentious Probate Solicitors in Coventry & Warwickshire
Disputes over a loved one’s estate are among the most emotionally difficult legal matters you can face. Whether you believe a Will doesn’t reflect someone’s true wishes, feel you’ve been unfairly excluded from an inheritance, or have concerns about how an executor is managing an estate, it’s natural to feel distressed and uncertain about what to do next.
Our contentious probate solicitors understand the sensitivity of these situations. We’ll listen carefully to your individual circumstances, explain your options in plain English and provide clear, practical advice to help you decide on the right course of action.
At Brindley Twist Tafft & James, our solicitors are accredited by the Law Society and are members of Resolution, demonstrating our commitment to resolving disputes constructively and with as little conflict as possible. We work with clients across Coventry, Warwickshire and the surrounding region, guiding them step by step through what can be a complex and emotionally draining process.
Contact our contentious probate solicitors in Coventry, Warwick, Balsall Common and Southam
If you require supportive advice or guidance about a Will dispute or estate matter, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam, or email one of our solicitors below to see how we can help.
What is contentious probate?
Contentious probate is the term used to describe legal disputes that arise in connection with a deceased person’s estate. This is distinct from standard probate and estate administration, where the process of distributing an estate proceeds without challenge.
Disputes can arise for many reasons, including concerns about the validity of a Will, disagreements about the distribution of assets, or issues with how an executor is handling the estate. Contentious probate matters often require specialist legal advice, and early guidance can make a significant difference to the outcome.
Common types of contentious probate disputes
Contentious probate covers a wide range of situations. The most common include:
- Challenges to the validity of a Will
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975, where someone believes they haven’t received reasonable financial provision from an estate
- Disputes about how a Will should be interpreted
- Concerns about executor misconduct or delay
- Disputes where someone has died without a Will (known as dying intestate) and family members disagree about how the estate should be distributed
Grounds for challenging a will
A Will may be challenged on several legal grounds:
- Lack of testamentary capacity: the person making the Will (known as the testator) didn’t fully understand what they were signing, for example because of dementia or a serious illness.
- Undue influence: someone pressured or coerced the testator into making or changing a Will against their true wishes.
- Fraud or forgery: the Will was falsified or the testator was deceived.
- Improper execution: the Will wasn’t signed or witnessed in line with the requirements of the Wills Act 1837.
Each case is different, and we’ll assess the merits of your situation carefully before advising on the most appropriate course of action.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to apply to the court for reasonable financial provision from an estate if they believe the current distribution doesn’t adequately meet their needs. Those who may be eligible include:
- Spouses and civil partners
- Former spouses and civil partners (in some circumstances)
- Children, including adult children
- Cohabitees who lived with the deceased for at least two years before their death
- Anyone who was financially dependent on the deceased
It’s important to note that claims under this Act must be brought within six months of the grant of probate (the legal document confirming the executor’s right to administer the estate). Acting promptly is therefore essential, and we’d encourage you to seek advice as soon as possible.
Executor and administrator disputes
An executor (the person named in a Will to administer the estate) has a legal duty to manage the estate properly and in the interests of the beneficiaries. Where an executor fails in this duty, there are legal options available.
Common concerns include:
- Unreasonable delay in administering the estate
- Failing to act impartially between beneficiaries
- Making unauthorised decisions about estate assets
- Misappropriating estate funds (breach of fiduciary duty)
If you’re concerned about an executor’s conduct, our solicitors can advise you on options including applying to the court to compel action or, where necessary, to have the executor removed and replaced.
How we can help
Our contentious probate solicitors provide practical, supportive advice from the very first call. We’ll take time to understand your position fully, explain the legal landscape clearly and help you explore all available options, including negotiation, mediation and, where necessary, court proceedings.
We work closely with our dispute resolution team to ensure you have access to the full range of expertise you may need. Our aim is always to resolve matters as efficiently and sensitively as possible, minimising stress and uncertainty for you throughout the process.
Costs and funding options
We understand that cost is an important consideration when thinking about bringing or defending a contentious probate claim. We’ll be transparent about fees from the outset and provide you with a clear estimate before any work begins.
Contentious probate cases are typically charged at an hourly rate, though fixed fees may be available for certain stages of a matter. We’re happy to discuss funding options during your initial enquiry so you can make an informed decision.
Frequently asked questions about contentious probate
What is the time limit for contesting a will?
The time limit depends on the type of claim you’re making. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 must be brought within six months of the grant of probate. Challenges to a Will’s validity generally have a longer limitation period, though it’s still important to act quickly to preserve evidence and protect your position.
We’d always recommend seeking advice as early as possible, whatever the nature of your dispute.
How much does a contentious probate solicitor cost?
Costs vary depending on the complexity of the dispute, the amount at stake and whether the matter is resolved through negotiation or goes to court. We’ll discuss fees openly at the outset and give you a realistic picture of the likely costs involved. In some cases, costs may be recoverable from the estate, though this isn’t guaranteed.
Can I contest a will if I was left out?
If you were left out of a Will entirely, you may have options, particularly if you were financially dependent on the deceased or fall into one of the categories eligible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Eligibility doesn’t guarantee a successful outcome, but we can assess your individual circumstances and advise you honestly on your prospects.
What is the difference between contesting and challenging a will?
These terms are sometimes used interchangeably, but they have distinct legal meanings. Challenging a Will typically refers to questioning its validity, for example on the grounds of lack of testamentary capacity or undue influence. Contesting a Will usually refers to making a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, even where the Will is valid.
What happens if an executor is not acting properly?
If an executor isn’t fulfilling their duties, there are legal remedies available. You can apply to the court for an order requiring them to take specific action, or in more serious cases, apply to have them removed. We can advise you on the most appropriate step based on your situation and help you take action where needed.
Can contentious probate disputes be settled out of court?
Yes, and in many cases this is the most practical and cost-effective outcome for all involved. Courts actively encourage parties to consider alternative dispute resolution (ADR) such as mediation, where an independent third party helps both sides reach a mutually acceptable agreement. Our solicitors will always explore negotiation and mediation in the first instance, with litigation reserved for situations where no other resolution is possible.
Contact our contentious probate solicitors in Coventry, Warwick, Balsall Common and Southam
If you require supportive advice or guidance about a Will dispute or estate matter, please get in touch with one of our offices in Coventry, Warwick, Balsall Common and Southam, or email one of our solicitors below to see how we can help.