Contentious Probate Solicitors

Our Services

Contentious probate covers any dispute involving a Will, estate administration, or inheritance rights. We handle all types of cases, supporting you through every stage from initial concerns to court proceedings if needed.

Challenging a Will: We help you contest Wills on grounds including lack of mental capacity, undue influence, fraud, or failure to provide for dependants. If the Will wasn’t properly witnessed or signed, or if you suspect someone pressured your loved one into changing their wishes, we’ll investigate thoroughly and build your case.

Claims under the Inheritance Act: We represent spouses, civil partners, children, dependants, and anyone else who was financially supported by the deceased. If you’ve been left out of a Will or received less than you need to maintain your standard of living, we’ll assess your claim and fight for a fair settlement.

Removing executors or administrators: When the person responsible for handling an estate isn’t doing their job properly, whether they’re causing unreasonable delays, mismanaging assets, acting dishonestly, or refusing to communicate with beneficiaries, we can apply to the court to have them removed and protect the estate from further harm.

Disputes over estate administration: We help resolve conflicts over asset valuations, disagreements about how property should be distributed, concerns about missing assets, or disputes between beneficiaries themselves. Our approach is to resolve these issues as efficiently as possible while making sure your interests are protected.

Proprietary estoppel claims: These come into play when someone made you a promise about inheriting property or assets, you relied on that promise to your detriment, and now that promise isn’t being honoured. These cases often involve family farms, businesses, or properties where you’ve contributed your time, money, or care based on assurances about your future inheritance.

Rectification and construction claims: When a Will’s wording doesn’t accurately reflect what the deceased intended, or it’s simply unclear. We can apply to the court to correct drafting errors or interpret ambiguous clauses, so the estate is distributed the way your loved one actually wanted.

Claims against solicitors for negligent Will drafting: If a solicitor made mistakes when drafting the Will, gave poor advice, or didn’t follow instructions properly, we can pursue a professional negligence claim to recover your losses and hold legal professionals accountable for their mistakes.

How the Contentious Probate Process Works

Every case is different, but understanding the typical journey helps you know what to expect. We’ll guide you through each stage and handle the legal complexity while keeping you informed.

1. Free initial consultation – We start by listening to your concerns and gathering all relevant documents including the Will, correspondence with executors, and financial information. We’ll give you an honest assessment of your case’s strengths, realistic prospects of success, and likely costs involved. This usually takes place within days of your first contact with us, and there’s no obligation to proceed. Most disputes settle before reaching court, but we’ll be upfront about whether court proceedings might become necessary.
2. Gathering evidence and building your case – Once you instruct us, we collect medical records, witness statements, financial documents, and anything else that strengthens your position. In Will validity challenges, this might include obtaining expert medical evidence about mental capacity. For Inheritance Act claims, we’ll gather detailed financial information about your needs and resources. This stage typically takes 4-8 weeks, though complex cases can take longer.
3. Negotiation and settlement discussions – Most contentious probate cases settle through negotiation rather than going to court, which saves time, cost, and emotional stress for everyone involved. We’ll set out your position clearly, push hard for a fair outcome, and know when to stand firm and when compromise makes sense. Many cases resolve at this stage, often within 3-6 months of starting proceedings.
4. Court proceedings if necessary – If settlement isn’t possible, we’ll take your case to court. We’ll prepare your legal arguments, manage all the deadlines, attend hearings, and represent you throughout. While court proceedings take longer, typically 12-18 months, we’ll be with you every step of the way. Our contentious probate solicitors have extensive experience in the High Court and county courts.
5. Implementation and distribution – Once your dispute is resolved, whether through settlement or court judgment, we make sure everything is properly implemented. That means overseeing estate distribution, transferring property, and ensuring removed executors hand over control. We stay involved until it’s all finalised and you’ve received what you’re entitled to.

Why Choose Farleys Contentious Probate Solicitors

Clear communication and no legal jargon: We know you’re dealing with grief alongside legal complexity, so we communicate in plain English and keep you updated regularly. We’ll be straight with you about your prospects, honest about costs, and tell you when it makes more sense to settle than to fight on.

Proven track record of successful outcomes: We’ve successfully challenged Wills where families were unfairly excluded, secured substantial settlements for dependants left without provision, removed executors who were mismanaging estates, and recovered significant sums in professional negligence claims. Our experience covers everything from straightforward Inheritance Act claims to complex multi-million pound estate disputes involving international assets.

Convenient local offices with flexible appointments: With offices throughout the North West we can meet you face-to-face in a convenient location. We also understand that contentious probate cases can’t always wait for office hours, so we’re flexible about consultation times when needed.