Contentious Probate & Inheritance Disputes

Disputes relating to Wills and Estates can arise at an already difficult and emotional time. These matters are often complex and can involve disagreements between family members, Beneficiaries, Executors, or other parties with an interest in an Estate.

At Whiting & Mason Solicitors, we provide specialist advice in relation to Contentious Probate and Inheritance Disputes, acting for individuals, Executors, and Beneficiaries where difficulties arise following a death. Our approach is practical, measured, and focused on achieving fair and sensible outcomes wherever possible.

When Probate Disputes Arise

Inheritance disputes can take many forms. We are regularly instructed in matters involving:

• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Challenges to the validity of a Will
• Allegations of lack of testamentary capacity, lack of knowledge and approval, or undue influence
• Disputes involving Executors or Administrators
• Caveats preventing a Grant of Probate
• Larke v Nugus requests and responses
• Claims based on proprietary or promissory estoppel
• Disputes between Beneficiaries regarding entitlement or distribution

Some cases involve individuals who feel they have not been left adequate financial provision. Others involve Executors or Beneficiaries who need to protect the Estate against unfounded or speculative claims.

Claims for Reasonable Financial Provision

Where someone dies without making reasonable financial provision for a spouse, civil partner, child, or other dependent, the law allows certain individuals to bring a claim against the Estate.

We advise clients on whether they may have a valid claim, the time limits involved, and the likely risks and costs. These claims are highly fact‑specific, and early advice is essential.

Equally, we regularly act for Executors and Beneficiaries who are faced with such claims and need clear advice on how to respond, protect Estate assets, and minimise personal and financial exposure.

Protecting Executors & the Estate

Executors have strict legal duties and can be exposed to personal liability if disputes are mishandled or if an Estate is distributed prematurely.

We advise Executors on:

• How to respond to challenges and claims
• Whether and when it is appropriate to distribute Estate assets
• Managing caveats and warnings
• Compliance with pre‑action protocols and Court expectations
• Using mediation or other forms of dispute resolution where appropriate

Our role is to protect both the integrity of the Estate and the position of those responsible for administering it.

A Practical & Proportionate Approach

Contentious Probate matters are not always best resolved in Court. In many cases, disputes can be settled through negotiation or mediation, avoiding the stress, delay, and expense of litigation.

Where Court proceedings are necessary, we provide clear, strategic advice and robust representation, always keeping costs, risks, and objectives under careful review.

Fees & Initial Advice for Contentious Probate & Inheritance Disputes

Contentious Probate matters vary significantly depending on the nature of the dispute, the parties involved, and whether Court proceedings are required. For this reason, it is not possible to give accurate overall cost estimates at an early stage.

We therefore offer a fixed‑fee initial consultation, which allows you to receive tailored advice about your position, your options, and the next steps available to you.

This initial meeting together with a detailed follow up report is charged at a fixed fee of £300.00 plus VAT (total £360.00), which will be confirmed in advance. There is no obligation to proceed beyond this stage.

If you decide to instruct us further, fees are usually charged on a time‑spent basis, depending on the nature, complexity, and duration of the matter. We will discuss fees clearly with you before carrying out any further work.

Contentious Probate, Wills & Estate Administration

Many Contentious Probate issues arise because of uncertainty in a Will or disputes about how an Estate should be administered.

Clear Will making and careful Estate Administration can significantly reduce the risk of disputes. Further information can be found on our Wills and Probate & Estate Administration pages.

Why Choose Whiting & Mason Solicitors?

• Specialist Contentious Probate Experience
  We regularly advise on claims, disputes, and Estate‑related litigation.
• Balanced, Measured Advice
  We provide realistic guidance on prospects, costs, and risk at every stage.
• Acting for Claimants & Defendants
  Our experience on both sides of disputes allows us to anticipate arguments and protect our clients effectively.
• Focus on Resolution
  We aim to resolve disputes pragmatically where possible while remaining fully prepared to litigate when required.
• Established Local Solicitors
  As a long‑established firm, we offer continuity, discretion, and a professional service you can trust.