Supporting you through sensitive probate disputes
Disputes over a will or an estate can be deeply distressing, particularly when they arise at an already difficult time. Questions about fairness, capacity or the way an estate is being administered can place significant strain on families.
At CWC Solicitors, we advise clients across Plymouth, Exeter and the wider South West on contentious probate matters. We provide clear, practical advice and measured guidance, helping you understand your position and the options available to you.
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How we can help with probate disputes
Contentious probate involves disputes about wills, estates or the actions of executors. This may include challenges to the validity of a will, claims for reasonable financial provision or concerns about the way an estate is being administered.
We listen carefully to your concerns, review the documentation and advise on the strength of your position. Many disputes can be resolved through negotiation or mediation, but where necessary we are prepared to represent you in court. Our approach is measured and focused on achieving a fair outcome while limiting unnecessary conflict.
Disputes may arise where there are concerns about lack of mental capacity, undue influence, improper execution of a will or exclusion of a family member or dependant. Claims may also be brought under legislation that allows certain individuals to seek reasonable financial provision from an estate.
We explain the legal framework clearly and help you assess whether bringing or defending a claim is the right step.
Why choose
CWC Solicitors?
Probate disputes require both technical expertise and sensitivity. These matters often involve family relationships as well as legal principles.
We provide steady, realistic advice from the outset. You will deal directly with an experienced solicitor who sets out your options clearly and works to resolve matters as efficiently as possible. We remain focused on protecting your interests while handling the situation with care and professionalism.
With CWC Solicitors, you can move forward with confidence, knowing your position is being carefully considered and properly represented.
Frequently asked questions
Still unsure or need something explained properly? Contact us, and we’ll guide you through it.
1. What is contentious probate?
Contentious probate refers to disputes relating to a will, an estate or the way it is being administered. This may involve challenging the validity of a will or raising concerns about how executors are carrying out their duties.
2. Who can challenge a will?
Only certain individuals have the right to challenge a will. This may include beneficiaries, those who were financially dependent on the deceased or people who would have inherited under a previous will or the rules of intestacy.
3. On what grounds can a will be contested?
A will may be challenged if there are concerns about mental capacity, undue influence, fraud or improper signing. Claims may also be brought where someone believes they have not been reasonably provided for.
4. How long do I have to bring a claim?
Time limits vary depending on the type of claim. Some claims must be made within six months of probate being granted, while others may have different deadlines. Early legal advice is important.
5. Can probate disputes be resolved without going to court?
Yes. Many disputes are resolved through negotiation or mediation, which can be less costly and less stressful than court proceedings. Court action is usually a last resort if agreement cannot be reached.
6. What happens if an executor is not acting properly?
If there are concerns about the conduct of an executor, steps can be taken to seek information, require accounts or, in serious cases, apply to have them removed. The appropriate action depends on the circumstances.
7. How much do contentious probate claims cost?
Costs depend on the complexity of the matter and how it is resolved. We provide clear guidance at the outset and discuss funding options so you understand the likely financial position.
8. How do I begin a contentious probate claim?
The first step is to seek legal advice. We will review the relevant documents, assess the strength of your position and advise you on the most appropriate next steps.
Related services
Writing a Will
Our specialist solicitors will guide you through the Will writing process with compassion and clarity to ensure your wishes are fulfilled and your legacy is protected.
Powers of Attorney
Powers of Attorney allow you to give someone you trust the authority to make decisions on your behalf in relation to your finances and health, if you become unable to. We’re here to guide you through the process with compassion and clarity.
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