Whether you are contesting the estate of a friend or relative or responding to a claim brought by someone else, we can provide expert guidance throughout the process. We offer objective advice on your position and initially aim to negotiate or mediate a settlement acceptable to both parties. However, if an agreement cannot be reached, it may be necessary to pursue or defend court proceedings—a process that can be both time-consuming and costly.
At Wollens, our nationally-recognised team draws on extensive experience handling all aspects of inheritance and will disputes. We pride ourselves on offering pragmatic, commercially-focused advice and have significant expertise in Alternative Dispute Resolution methods, which can often resolve matters more efficiently and amicably.
Our specialist team is skilled in managing a wide range of estate and probate disputes, including challenges to wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, executor and beneficiary disputes, and trust disputes.
We are proud to include members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) within our team, ensuring you receive the highest standard of professional support.
We understand that disputes can be both costly and emotionally draining, which is why we offer tailored and bespoke financing solutions to suit you—including ‘no win, no fee’ arrangements and deferred payment agreements—to help ease the financial pressure during challenging times.
Funding your case – options that work for you
We understand that legal costs can be a concern, especially in times of personal stress. That’s why we offer flexible funding options to suit different circumstances:
Private funding: This is the standard approach where clients pay for legal services as the case progresses. We provide clear cost estimates and regular updates to help you stay in control.
Deferred payment arrangements: In suitable cases, we may agree to delay payment until the matter concludes – particularly where funds will be released from the estate. This can ease financial pressure at the outset.
Conditional fee arrangements (CFAs): Often referred to as “no win, no fee”, CFAs mean you only pay legal fees if your case succeeds. These are available in certain cases where there’s a strong chance of success and a clear financial outcome.
We’ll always talk through the options with you to find the most appropriate and manageable way forward. With Wollens, you’ll have the expertise and guidance needed to navigate complex estate and probate disputes effectively.
Get in touch with our team of Inheritance, Will & Trust Disputes experts today to discuss your requirements. You can contact us via email Email or telephone us 01803 213251
Testimonials
Wollens are a Devon & Somerset Law Firm of the Year with clients throughout the UK and not just a local but national and international perspective dealing with properties and Estates worth not only hundreds of thousands but hundreds of millions of pounds in jurisdictions throughout Europe. Its Contentious Trusts and Probate Team has a unique insight into the many varied and diverse aspects of dispute resolution including contentious probate and inheritance claims, lifetime gifts, capacity and approval, undue influence, Executor & PR administration, proprietary estoppel, Tolata and common intention trusts.
Craig Smith, the Team Leader, deserves special praise and recommendation. He is a highly focused and skilled solicitor expert in the field of dispute resolution. He is highly sensitive to his clients’ needs and dedicated to finding solutions.
A firm who delivers excellence in the field of Contentious Trusts and Probate not least through the excellence of Craig Smith.
Craig Smith – An excellent lawyer. He knows his cases inside out, is excellent with clients and delivers the results.
Wollens have provided a Client care approach that encompasses a method and mode of communication to suit all needs and styles. I have never known a firm of solicitors to offer so much different communication styles as standard with such a desire to adapt to their Client’s needs such as Wollens. From video calls to email – the grasp of technology that they employ at their disposal is trendsetting to say the least.
Billing is also an area where they lead the way. Contentious trusts and probate is an area where, for the Client, it can become very expensive, very quickly. Wollens have been very accommodating in allowing a delayed fee agreement, although, I note the percentage for doing so is above the average on competition.
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FAQ’s
What is contentious probate?
Contentious probate covers disputes that arise after someone dies, usually about who should inherit, whether a will is valid, or how an estate is being administered. The most common files we see include: (i) challenges to will validity (capacity, undue influence, execution errors), (ii) Inheritance (Provision for Family and Dependants) Act 1975 claims for “reasonable financial provision,” (iii) executor/administrator disputes (removal/replacement), (iv) proprietary estoppel and trust claims where promises about inheritance or property have been made and relied upon, and (v) beneficiary-to-beneficiary disagreements over valuations, delays, or distributions. Procedure typically straddles the Non-Contentious Probate Rules (to get/stop a grant) and the Civil Procedure Rules (for the underlying claim)
Who can contest a will?
Anyone with a realistic, legally recognisable interest in the estate can bring a challenge. In practice that includes:
Named beneficiaries in the last will, in an earlier will, or those cut out entirely;
People who would inherit under the rules of intestacy if the will falls (spouses/civil partners, children, then wider family by statutory order); and
People with statutory or equitable claims, like a 1975 Act applicant (spouse, former spouse, cohabitant, child/treated-as-child, or dependant) or someone alleging proprietary estoppel.
On what grounds can a will be challenged?
The principal grounds are:
Lack of testamentary capacity – the testator didn’t understand the nature of making a will, the extent of their property, or claims upon them. Capacity is medical-legal; contemporaneous GP notes and specialist capacity assessments (where available) are pivotal.
Undue influence – coercion that overbears the testator’s free will. Direct evidence is rare; the court looks at vulnerability, the relationship dynamics, secrecy, and “suspicious circumstances.”
Fraudulent calumny / forgery – poisoning the testator’s mind with falsehoods about a potential beneficiary, or falsifying the document/signature.
Want of due execution / knowledge and approval – failures to comply with formalities (e.g., attestation) or where, given suspicious circumstances, the propounder has not shown the testator knew and approved what they signed.
What is a caveat and why is it used?
A caveat (entered at the Probate Registry) stops a grant of probate issuing for six months (renewable). It’s a protective device to buy time to investigate validity concerns before a grant is made. If the other side wants to move things along, they can issue a warning; the caveator must then enter an appearance at which point only court proceedings (or agreement between the parties) will resolve the caveat. In practice we pair a caveat with targeted evidence-gathering (e.g., a Larke v Nugus request for the will-drafter’s file) so we can decide whether to proceed to a validity claim or consent to the grant.
How does the Inheritance (Provision for Family and Dependants) Act 1975 apply?
The 1975 Act lets specific categories of people ask the court to adjust the estate for “reasonable financial provision.” Eligible applicants include a spouse/civil partner, a former spouse who hasn’t remarried, a cohabitant of 2+ years, a child (including adult children) or someone treated as a child, and anyone maintained by the deceased. The court weighs statutory s.3 factors: financial resources/needs (of the applicant and beneficiaries), obligations and responsibilities the deceased had, the size/nature of the estate, disability and conduct , and—critically for spouses—the standard may be the “divorce cross-check” . Most claims resolve at mediation; if not, relief can range from lump sums to life interests or property transfers. Limitation is six months from the grant
What is proprietary estoppel in probate disputes?
Proprietary estoppel is about kept promises: (1) an assurance about property (e.g., “the farm will be yours”), (2) reliance on that assurance, and (3) detriment (working for low wages, investing time/money, foregoing opportunities). If proved, the court does the minimum equity to do justice—often a property interest or compensatory award. In an estates context it’s common where a property was promised informally over many years but is left to someone else in a will. These cases are evidence-heavy (family witnesses, accounts, diaries, messages) and again often suited to mediation given the personal dynamics.
How important is mediation in contentious probate?
Increasingly critical. Since Churchill v Merthyr Tydfil and the October 2024 CPR updates, ADR is embedded in the overriding objective (CPR 1.1); courts can order parties to mediate (CPR 3.1) and consider cost sanctions for an unreasonable refusal (CPR 44.2). Mediation is confidential, can be online (accommodating far-flung parties and experts), and preserves more estate value than litigating to trial.
How long do you have to bring a claim?
Timelines vary—get advice early:
1975 Act: 6 months from the grant (permission needed thereafter).
Caveat: lasts 6 months, renewable; but a caveat is a procedural hold, not a claim.
Will validity: no hard statutory “limitation period” before a grant, but delay risks the grant issuing; once issued, unpicking can be harder and laches/prejudice arguments arise.
Trust/land-related claims (e.g., some estoppel/TOLATA issues): limitation can extend well beyond six years in certain land/trust contexts, but equitable doctrines (acquiescence, laches) still bite.
How Wollens Solicitors Can Help
At Wollens Solicitors, we understand that probate disputes are emotionally charged and legally complex. Our specialist team offers clear, practical advice tailored to your circumstances. We can:
Assess your claim quickly and advise on the best route forward.
Secure the estate by lodging caveats or injunctions where necessary.
Gather evidence (medical records, will-drafter’s file, financial documents) to strengthen your position.
Negotiate or mediate to achieve cost-effective resolutions.
Represent you robustly in court if litigation becomes unavoidable.
With offices across Devon and a reputation for excellence in contentious probate, we combine technical expertise with a compassionate approach. If you’re facing a will dispute or inheritance claim, contact Wollens today for a confidential consultation.
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