Inheritance Dispute Solicitors

We help secure efficient and fair solutions to all forms of inheritance disputes, including contentious probate.

Disputes about Wills, estates and inheritance can be emotionally difficult and legally complex. Whether you believe a Will is invalid, you have been unfairly excluded from an estate, or there is a disagreement about how an estate is being administered, specialist legal advice is essential.

At Longmores Solicitors, our Inheritance Disputes team advises individuals, families, beneficiaries, trustees and executors on a wide range of inheritance disputes. We provide clear, practical guidance to help you understand your options and work towards a resolution that offers long-term security.

Our experienced contentious probate solicitors aim to resolve disputes as efficiently and sensitively as possible, using negotiation or mediation wherever appropriate. However, where court proceedings are necessary, we will guide you through the process and represent your interests at every stage.

Speak to our Inheritance Disputes team

To discuss your requirements with our experienced Inheritance Disputes team, please get in touch.

Why Choose Longmores for Inheritance Disputes?

Our Inheritance Disputes team combines legal expertise with a practical, client-focused approach.

Clients choose Longmores because we offer:

  • Experienced solicitors specialising in inheritance disputes and contentious probate
  • Clear, practical advice tailored to your situation
  • A pragmatic approach focused on resolving disputes efficiently
  • Strong representation where court proceedings are necessary

Our Inheritance Disputes and Private Client teams work closely together, applying their respective areas of expertise to provide tailored legal advice and support. We also have a dedicated Property Litigation and Mangement team, who can assist with property ownership disputes which are associated with inheritance disputes.

Our Head of Inheritance Disputes, Lauren Mackenzie is independently recognised for her expertise and experience with a ranking in The Legal 500.  Lauren’s leadership of this specialist area of law is underpinned by additional qualifications and memberships.

What are inheritance disputes?

Inheritance disputes, sometimes referred to as ‘contentious probate’, are disputes relating to a deceased person’s estate. These disputes typically arise when someone challenges the validity of a Will, intends to make a claim for financial provision from an estate, or raises concerns about how executors or trustees are carrying out their duties.

You may also see these matters described as probate disputes, Will disputes, contested probate or probate litigation. Whichever term you use, our Inheritance Disputes team can advise you on where you stand.

How our Inheritance Disputes team can help you

Inheritance Act claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim against an estate, if they believe they have not received reasonable financial provision, or have been unfairly omitted.

Those who may be eligible to bring an Inheritance Act claim include:

  • Spouses and civil partners
  • Former spouses or civil partners
  • Cohabitees
  • Children of the deceased
  • Individuals treated as a child of the family
  • People financially dependent on the deceased

Our solicitors can advise you on whether you may have grounds to make an Inheritance Act claim and guide you through the process.

Challenging a Will

A Will can be challenged on several legal grounds. The most common include:

  • Lack of testamentary capacity – the person making the Will did not have the mental capacity to do so
  • Undue influence – the Will was made as a result of extreme pressure from another person
  • Lack of knowledge and approval – the person making the Will did not fully understand the contents of the Will
  • Improper execution – the Will was not signed or witnessed correctly
  • Fraud or forgery

Challenging a Will requires strong evidence and careful legal analysis. Our team can investigate the circumstances surrounding the preparation of the Will and advise you on the viability of a claim.

Contesting probate when there is no Will

When someone dies without leaving a valid Will, their estate is distributed according to the intestacy rules. These rules determine which relatives are entitled to inherit, which may not be in everyone’s best interest.

If family members disagree about how the rules apply, someone believes they should receive financial provision despite not being automatically entitled, or there are questions about who should administer the estate, it’s important to find a swift resolution.

Our Inheritance Disputes team can help resolve these issues, and ensure that the estate is administered correctly and in line with the intestacy rules.

Executor and trustee disputes

Executors and trustees have a legal duty to administer an estate properly and act in the best interests of beneficiaries.

Our team can advise both beneficiaries and executors in cases where there are concerns that an estate or trust is not being properly administered or is being mismanaged, as well as when it is alleged that an executor or trustee has a conflict of interest.

Proprietary estoppel

Proprietary estoppel claims arise when someone has relied on a promise that they would receive property or assets from the deceased and has acted to their detriment in reliance on that promise.

These cases often arise in farming families or family businesses, where a person may have worked for many years under the expectation of inheriting land or property, only for that expectation not to be reflected in the terms of a Will.

If the promise is not honoured after the person’s death (or on occasion before their death), a claim may be made against the estate. Our Inheritance Disputes team can advise on the strength of such claims, and represent you in pursuing or defending them.

Lifetime gift disputes

Disputes can arise over gifts made by the deceased during their lifetime. Questions may arise about whether the gift was valid or whether the deceased had the mental capacity to make it.

Common issues include:

  • Large gifts made shortly before death
  • Allegations of undue influence
  • Concerns about financial abuse
  • Disputes over ownership of property or assets

Our Inheritance Disputes team can investigate these matters and advise on possible legal remedies.

The inheritance dispute resolution process

The process for resolving an inheritance dispute, or contentious probate matter, will depend on the nature of the claim. However, it generally involves:

  1. Initial legal advice and case assessment
  2. Investigating the facts and gathering evidence
  3. Correspondence and negotiation between parties
  4. Alternative dispute resolution, such as mediation
  5. Court proceedings, if the dispute cannot be resolved

Many disputes can be resolved through negotiation or mediation without the need for a trial. Our solicitors will always aim to find the most efficient and cost-effective route to resolution.

Time limits for inheritance dispute claims

Different types of claims have different time limits. For example, Inheritance Act claims must usually be brought within six months of the grant of probate. Some claims have different set time limits and others may not have a strict statutory deadline, but it is always important to act quickly to protect your position.

Because time limits can be strict and complex, it is important to seek prompt legal advice from specialist lawyers if you believe you may have a claim.

Resolving disputes without going to court

Court proceedings can be costly and time-consuming, so it is often in everyone’s interests to explore alternative ways of resolving disputes.

Many inheritance dispute cases are successfully resolved through:

  • Negotiation between parties
  • Mediation
  • Other forms of alternative dispute resolution

Our team is experienced in achieving settlements that avoid the need for court proceedings, while still securing a positive outcome which supports your position.

How much does it cost to bring a claim?

The cost of inheritance dispute cases can vary depending on the complexity of the dispute and whether court proceedings are required.

Factors that may affect the cost include:

  • The amount of evidence involved
  • The number of parties to the dispute
  • Whether expert evidence is required
  • The length of the proceedings

At Longmores, we will always provide clear information about costs at the outset and keep you informed throughout the process.

Contentious probate FAQs

How long do I have to contest a Will?

There is no strict statutory deadline for challenging the validity of a Will, but claims for financial provision under the Inheritance Act generally need to be made within six months of the grant of probate and other inheritance dispute claims have different time limits. Delays can make it more difficult to gather evidence and may affect your ability to pursue a claim.

Can I challenge a Will if I was left out?

Yes, in some circumstances. If you were financially dependent on the deceased or fall within the categories eligible to bring an Inheritance Act claim, you may be able to seek reasonable financial provision from the estate.

What happens if the executor is not acting properly?

If an executor fails to carry out their duties correctly, beneficiaries may be able to apply to the court to have them removed or replaced. Legal advice can help determine the appropriate course of action.

How much does it cost to contest a Will?

Costs depend on the complexity of the case and whether the dispute proceeds to court. Many cases are resolved through negotiation or mediation, which can help keep costs under control.

Can inheritance dispute cases be settled out of court?

Yes. Many disputes are resolved through negotiation or mediation without the need for a full court trial.

What evidence do I need for an inheritance dispute or contentious probate claim?

The evidence required will depend on the type of claim. It may include medical records, witness statements, financial documents, or evidence relating to the preparation and signing of a Will.

Speak to our Inheritance Disputes team

The first step to understanding how to defend or pursue an inheritance claim is to get in touch with our experienced solicitors who will talk to you about your requirements and expectations.

Lauren Mackenzie
Kirsty Adamson

Case Studies

  • Contesting a claim made by a family member against the executors of an estate relating to a provision in the will for a proportion of the estate to be left to charity. Our advice helped our clients to overcome the claim and ensure the smooth administration of the deceased’s estate.
  • Supporting the beneficiaries of a family will to claim their rightful inheritance. We helped our clients to defend a claim against them brought by the deceased’s partner concerning a property that constituted part of the estate. After an unsuccessful mediation, a settlement was reached that allowed our clients access to property that was rightfully theirs.
  • Defending a claim by our client’s brother that our client had pressured his elderly mother to change her will and leave her home to our client only. At the trial we called the solicitor (from another firm) who had prepared the will. She told the court that she had met alone with the elderly lady, who the solicitor described as ‘formidable’, and the lady had predicted to her that her disinherited son would try to challenge the change in her will after her death. The claim against our client was dismissed.
  • Defending the trustee and beneficiary of a trust who has been subject to misappropriation of trust funds by her co-trustee, negligent advice from a professional, stalking and harassment. We are providing a full-service approach for the client, seeking to protect her interests while advising her on the personal matters of stalking and harassment.
  • Advising the executors of an estate in a dispute against a former carer of the deceased regarding unauthorised transactions made from the deceased’s bank accounts before and after his death. Further advising the executors in a claim against a bank that breached its own terms by allowing the former carer to empty an estate bank account without the consent of the joint account holders.
  • Defending a claim challenging the validity of a will by the daughter of the deceased. The daughter is a minor beneficiary and five charities are the major beneficiaries to the will. The daughter believes that, due to her father's mental health issues, he was not in a sound state of mind to understand and approve the changes made to his will that largely disinherited her.
  • Assisting a minor in state care who is without parental or other family support, regarding a claim for sufficient funds from the estate of his adoptive late father.
  • Settling a claim by an elderly widow whose late husband left her only one-fifth of their marital home and no funds to enable her to support herself for the remainder of her life. She has moderate dementia, lives in a warden-assisted flat and currently receives no state care benefits.
  • Advising the beneficiaries of their late grandmother’s estate on a claim to challenge the validity of the will on the basis of lack of testamentary capacity of the grandmother, and a claim against the executor in undue influence.
Inheritance Disputes Solicitors


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