Contentious Probate Solicitors Birmingham

How To Contest A Will

If you are battling a legal dispute following someone’s death regarding the distribution or administration of their estate, we can connect you to our partner firms of specialist contentious probate solicitors who cover the Birmingham area and surrounds.  Contentious probate claims cover the validity or interpretation of the loved one’s Will (or lack of a Will), as well as conflict over how executors, trustees or beneficiaries handle the estate’s assets.

We partner with specialist contentious probate firms who can help, so take action today and book you free consultation to find out what to do next.

What Is a Probate Dispute?

Some common scenarios of probate disputes may include:

• A will is challenged because the person making it (the testator) is alleged to have lacked capacity, or to have been unduly influenced.
• A beneficiary claims they’ve been unfairly excluded or inadequately provided for under the will or under intestacy rules.
• Executors or trustees are accused of mismanaging the estate, delaying administration, hiding assets or failing to act transparently.
• Disputes arise when no valid will exists and the rules of intestacy apply – perhaps some family members believe the estate hasn’t been distributed correctly.

Essentially, if you’ve lost someone and you believe the estate isn’t being handled fairly or legally, you may be facing a contentious probate situation. This area of law is highly complex because it typically involves emotional loss, strained family relationships, and detailed legal procedures.

Why are Contentious Probate Claims Rising?

There are several reasons why disputes over estates are more frequent. This includes people are living longer, meaning more chances for wills to be challenged due to capacity issues. Another reason may be blended or second marriage families are more common. This has led to step-children or cohabitees feeling unfairly treated. In addition, the value of estates has grown, so stakes are higher.

For this reason, understanding your rights and acting promptly is key if you’re thinking about initiating a claim.

How to Start a Contentious Probate Claim

If you live in Birmingham or neighbouring areas and believe you need to bring a contentious probate claim, here’s a structured step-by-step guide to help you get started:

1. Collect Key Documents and Information

Begin gathering relevant information and documents which may include:

• The last will and testament of the deceased (if one exists)
• The grant of probate or letters of administration (if granted)
• Details of the estate: assets, liabilities, property, business interests
• The names of executors/trustees, beneficiaries and any known potential claimants
• Any correspondence or evidence relating to how the estate is being administered

Having this information at hand will help your solicitor assess whether you have a viable claim and what type of claim is appropriate.

2. Seek Specialist Legal Advice

Because contentious probate is a highly specialist area, you should consult with a solicitor with experience in wills, trusts and estate litigation.

A good solicitor will:

• Explain which grounds apply to your situation (e.g., lack of testamentary capacity, undue influence, misadministration)
• Advise on time limits, funding and options (mediation vs litigation)
• Help you consider the risks, costs and likely outcomes

3. Pre-Action Steps and Negotiation

Before heading straight into court, you and your legal adviser are likely to explore negotiation, mediation or alternative dispute resolution. This approach evaluates the costs, risks, and whether litigation is necessary

4. Issue Court Proceedings, If Necessary

If negotiations fail or the executors do not cooperate, your solicitor may recommend issuing court proceedings.

Your solicitor will manage the procedural steps. This may include serving the claim form, co-ordinating disclosure of evidence, and representing you in hearings.

Take the Next Step Now

If you’re concerned about how a loved one’s estate is being handled, you’re likely facing a contentious probate issue. This may include whether you feel unfairly excluded, you doubt the validity or fairness of a will, or you suspect the executors are mismanaging affairs.

Act quickly and gather evidence under the guidance of a qualified contentious probate solicitor to ensure the estate is handled properly.

📞 Contact us today on 0333 358 3034. Alternatively, complete our online contact form to arrange your free, initial consultation.

We offer a range of fee structures, including a ‘No Win, No Fee’ option, along with other flexible funding – speak to our team to find out more.

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.