Probate Disputes

When a loved one passes away, the last thing anyone wants is a legal dispute over their estate. But probate disputes are more common than many people realise and when they arise, they can be deeply distressing, as well as financially and emotionally draining.

“Paul Magee and his team represented and advised my family in an eight month dispute with a local authority. I would highly recommend their services.”

Mr R

Prosperity’s Probate Dispute Solicitors

What do our solicitors help with?

Whether you’re concerned that a Will doesn’t reflect the true wishes of the person who made it, that undue influence was exerted, or that you haven’t been adequately provided for, Prosperity Law’s specialist probate disputes team is here to help. We approach every case with the sensitivity it deserves, whilst fighting firmly and effectively to protect your interests.

Our experienced probate disputes team advises clients on all forms of estate disputes and contentious probate matters, including:

Contesting a will on grounds of lack of testamentary capacity
Undue influence and fraudulent claims
Forgery and fraud
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Disputes between executors and beneficiaries
Removal of executors
Rectification of wills
Disputed estate administration
Trust disputes

We take the time to understand your specific circumstances and provide clear, constructive advice at every stage of your case whether it’s a trust, estate , a will or probate.

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Why Choose Prosperity?

Clear Guidance During Difficult Family Disputes

We take time to understand your circumstances and provide calm, practical advice to help you navigate will, trust, and probate disagreements with confidence.

Specialist Expertise Across All Wills & Probate Disputes

From challenging a will and defending claims to executor disputes and inheritance issues, we offer tailored strategies to protect your position and achieve a fair outcome.

Proactive Support to Protect Your Interests and Reduce Stress

We act early to manage conflict, ease uncertainty, and guide you toward a resolution that safeguards your rights and minimises emotional strain.

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Common Probate Dispute Questions

Our team have a breadth of experience in probate disputes, here are some of the questions we get asked most.

Get answers from an expert

What are probate disputes, and how do they arise?
Probate disputes arise when there is a disagreement about the validity of a Will, the administration of an estate, or the distribution of assets and monies following a death. They can involve challenges to the Will itself, for example, on the basis that the deceased lacked mental capacity when they signed it, or that they were subjected to undue influence, or disputes about the conduct of executors, or claims that the estate hasn’t made adequate financial provision for a dependant. Sometimes, issues of fraud or forgery may arise. Assets held outside the Estate may have to be brought back into the Estate. Probate disputes can be painful and complex, involving sensitive family dynamics and often involve significant sums of money. Having legal representation from the outset makes a real difference to the outcome.
Who can contest a will?
Anyone with a legitimate interest in the estate may potentially have standing to challenge a Will, including beneficiaries named in an earlier Will, family members who would inherit under the intestacy rules if the Will were declared invalid, or some types of individuals who were financially dependent on the deceased or not provided for and who may be entitled to bring a claim under the Inheritance ( provision for family and dependants) Act 1975. We assess each client’s position carefully at the outset and advise on the prospects of a claim before any steps are taken.
Can a will be contested after probate has been granted?
Yes – a will can be contested after probate is granted, though acting promptly is always important especially as there is a 6 month limitation period to bring claims under the Inheritance etc Act 1975. Once a Grant of Probate has been issued, the executor has authority to administer the estate, and assets may already have been distributed. If a challenge is successful after probate has been granted, the court can set aside the Grant and require any assets already distributed to be returned. But in practice this can be difficult, particularly if those assets have been spent or transferred on. The sooner legal advice is taken, the more options are available.
How expensive is it to contest a will?
There is no set answer to this question – but we do always aim to give clients a realistic picture from the outset. Costs vary considerably depending on the complexity of the case, whether it settles through negotiation or proceeds to trial. Many probate disputes do settle without the need for a full court hearing, which keeps costs more manageable. We provide clear, upfront cost estimates and keep you informed at various points so that you can make properly informed decisions about how to proceed. Funding options such as no win no fee or deferred payment can be considered.
How long do probate disputes typically take to resolve?
The timeline for probate disputes varies considerably depending on the complexity of the issues, the number of parties involved, and whether the matter settles or proceeds to a full trial. Straightforward claims that settle through negotiation or mediation can sometimes be resolved within approximately 6-10 months .More complex cases, particularly those involving challenges to testamentary capacity or allegations of fraud, may take a year or more to resolve if they proceed to litigation. One of the first steps we take is to assess the strength of your position and the likely trajectory of the dispute, so that you can make informed decisions about how to proceed and what level of cost and time commitment is realistic.

What Our Clients Say

“I recently used Prosperity Law for a personal legal matter. I spoke to Paul Magee who provided me with excellent, sound legal advice and recommended the course of action I should take. He was able to allay my fears and put my mind at ease in what has been a very stressful time. I would highly recommend Prosperity Law and in particular Paul Magee for his guidance and support.”

Mr H

“Spoken with Paul magee today for some advice.. what an amazing person with 30 years of experience in the field.. highly recommended”

Mr J

“This is my second time engaging Prosperity Law. The first, a probate matter with Paul McGee, and more recently estate planning with Charlotte Keating. On both occasions, I’ve been impressed with their professionalism and attention to detail. Friendly, courteous and knowledgeable, I’d have no hesitation recommending Prosperity Law for any legal matter.”

Mr C

“Paul Magee and his team represented and advised my family in an eight month dispute with a local authority. I would highly recommend their services.”

Mr R

Meet Our Probate Disputes Team

Get The Guidance You Need From Our Probate Disputes Team

📞 Call us today 0161 667 3686

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