Contentious Probate Solicitors
When someone close to you passes away, the last thing you want is a dispute over their estate.
Yet disagreements about Wills, inheritance, and the administration of an estate do arise, and they can be deeply distressing for everyone involved.
If you’ve been left out of a Will you expected to benefit from, if you believe a Will doesn’t reflect the true wishes of the person who made it, or if you’re concerned about the conduct of an executor, you may need specialist legal advice. Support may also be needed if a Will in which you have an interest is being challenged by others.
At JNP Legal, our contentious probate solicitors work with individuals and families across South Wales who are facing these difficult situations. We’re part of a wider lifetime planning, Wills, trusts and probate team, which means we understand both the legal and the personal dimensions of estate disputes. We’ll always look to resolve matters through negotiation or mediation wherever possible, but if court proceedings become necessary, our experienced solicitors are ready to represent you.
Contact our contentious probate solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
Our contentious probate solicitors are here to help. We’re a regional law firm with offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Email us at law@jnplegal.org or call the number specific to your nearest office. Alternatively, fill out our enquiry form and we’ll get back to you as soon as possible.
What is contentious probate?
Contentious probate is the term used when there’s a legal dispute involving a Will or the administration of a deceased person’s estate. This can include challenges to the validity of a Will, concerns about how an executor is managing an estate, or disagreements between beneficiaries about how assets should be distributed.
These disputes can arise even in close families, and they often coincide with grief, making them particularly hard to navigate. Having a specialist solicitor on your side can make a real difference: not only in understanding your legal position, but in helping you approach the situation calmly and constructively.
Our contentious probate services
Our team handles a range of contentious probate matters. Whether you’re considering bringing a claim or you need to defend one, we’ll provide honest, practical advice tailored to your circumstances.
Contesting a Will
If you believe a Will is invalid, or that it doesn’t reflect the true wishes of the person who made it, you may be able to contest it. There are several recognised legal grounds for doing so, including lack of testamentary capacity (where the person making the Will didn’t have the mental capacity required to do so), undue influence (where someone pressured or manipulated them into making it), fraud or forgery, and failure to comply with the formal requirements for making a Will.
Our solicitors will carefully review the circumstances and advise you on whether you have grounds to proceed, and what outcome you might realistically expect.
Executor disputes and removal
An executor is legally responsible for administering a deceased person’s estate. If an executor is failing to carry out their duties, acting in their own interests rather than those of the beneficiaries, or not progressing the estate in a reasonable time, it may be possible to apply to the court to have them removed or replaced.
We can advise you on your options and, where necessary, take steps to protect the estate and the interests of those who should benefit from it.
Disputes between beneficiaries
Disagreements between beneficiaries can arise over the interpretation of a Will, the valuation of assets, or how an estate is being divided. These disputes can place real strain on family relationships, and they sometimes intersect with wider family law matters.
Our solicitors approach these situations sensitively, with a focus on reaching a fair resolution as efficiently as possible. Where appropriate, we’ll recommend mediation or another form of dispute resolution to help find a way forward without the need for court proceedings.
Defending a Will or estate
If a Will you’re involved with is being challenged by others, we can help you defend it. Whether you’re an executor, a beneficiary, or a personal representative, we’ll assess the claim being made, gather the relevant evidence, and represent your interests throughout the process.
Our aim is always to achieve a fair outcome as efficiently as possible, keeping unnecessary costs and stress to a minimum.
Caveats and standing searches
A caveat is a formal notice lodged at the Probate Registry that prevents a Grant of Probate from being issued while a dispute is ongoing. A standing search allows you to be notified if a Grant of Probate is issued in relation to a particular estate.
Both tools can be important in protecting your position at an early stage. Our solicitors can advise on whether a caveat or standing search is appropriate in your situation and take the necessary steps on your behalf.
Why choose JNP Legal’s Dispute Resolution Team?
Our contentious probate solicitors have wide-ranging experience supporting clients through some of the most challenging legal and personal situations they’re likely to face. We combine practical legal expertise with a sensitive, measured approach, because we understand that these matters affect real families, not just estates.
As a firm, we hold the Law Society’s Lexcel practice quality mark, reflecting our commitment to high standards of practice management and client care. We also hold the Wills and Inheritance Quality Scheme (WIQS) accreditation, which demonstrates our expertise in Will writing and estate management.
With accessible offices across South Wales and a team that takes the time to understand your individual circumstances, we aim to build a relationship based on trust, reliability, and personal service.
How much does contentious probate cost?
The cost of a contentious probate matter will depend on its complexity, the value of the estate involved, and whether it can be resolved through negotiation or needs to proceed to court.
At JNP Legal, we’re committed to being transparent about costs from the outset. We’ll explain the likely fees clearly before any work begins, so you can make informed decisions without uncertainty. In some cases, a conditional fee arrangement may be available. We’ll always discuss the funding options that apply to your situation at an early stage, giving you a clear picture of what’s involved.
Frequently asked questions about contentious probate
Common grounds for contesting a Will include:
- Lack of testamentary capacity – the person didn’t have the mental ability required to make a valid Will at the time they made it
- Undue influence – they were pressured or coerced by someone else
- Fraud or forgery
- Failure to meet the formal legal requirements for making a Will
- A claim under the Inheritance (Provision for Family and Dependants) Act 1975 – in some cases, where a person believes they haven’t been adequately provided for from an estate
Time limits in contentious probate depend on the type of claim being made. For claims under the Inheritance (Provision for Family and Dependants) Act 1975, a claim must usually be issued within six months of the Grant of Probate or Letters of Administration. For challenges to the validity of a Will itself, there’s no fixed statutory deadline, but delay can affect the strength of your position and make gathering evidence more difficult. We strongly recommend seeking advice as early as possible.
Costs in contentious probate cases aren’t always straightforward. In some circumstances, legal costs may be paid from the estate. In others, the court may order one party to pay another’s costs. Where a matter is resolved through negotiation, costs are often agreed as part of the settlement. We’ll be clear with you from the outset about how costs are likely to be handled in your particular case.
The time a case takes depends on its complexity and whether it can be resolved outside of court. Many disputes are settled through negotiation or mediation, which is generally quicker and less costly than litigation. Cases that proceed to a full court hearing can take considerably longer. Our solicitors will give you a realistic assessment of the likely timescale once we understand the details of your matter.
Contact our contentious probate solicitors in Merthyr Tydfil, Cardiff, Nelson and Pontyclun
Our contentious probate solicitors are here to help. We’re a regional law firm with offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Email us at law@jnplegal.org or call the number specific to your nearest office. Alternatively, fill out our enquiry form and we’ll get back to you as soon as possible.