Wills, Estates & Probate
Contesting a will, defending one, or untangling an estate.
Arguments about wills are rarely really about money. They surface at the worst possible moment, between people who have to keep seeing each other afterwards, and they are made worse by delay and silence.
We act for people challenging a will they believe is invalid or unfair, for executors and beneficiaries defending one, and for families where the administration of an estate has simply ground to a halt.
We also draft wills — because most of the disputes we deal with were avoidable, and a properly prepared will with a proper file behind it is very much harder to challenge.
Challenging a will
A will can be challenged where the person lacked the mental capacity to make it, did not know and approve its contents, was unduly influenced, or where it was not signed and witnessed correctly. Believing a will is unfair is not, on its own, a ground — though a separate claim for reasonable financial provision may still be available.
Claims for provision
Certain people — spouses, cohabitants of at least two years, children, and those who were being maintained by the deceased — can claim reasonable financial provision from an estate even where the will is entirely valid. The deadline is six months from the grant of probate and it is short, strict and frequently missed.
When an executor won’t act
Beneficiaries are entitled to information and, in most cases, to see the estate accounts. Where an executor is delaying, refusing to account, or dealing with estate assets in their own interest, they can be compelled to act and in serious cases removed.
Settling rather than fighting
Most estate disputes settle, and the ones that don’t tend to consume a substantial part of the estate in costs. Mediation works well here, and a deed of variation lets beneficiaries redirect entitlements by agreement — sometimes with tax advantages. We will always look at that before litigating.
Contesting a will
Estate administration disputes
Executor and beneficiary disputes
Inheritance Act claims
Will writing
Questions people ask us
The will seems unfair. Is that enough?
How do I stop the estate being distributed while I look into it?
We lived together but weren't married. What am I entitled to?
Who you'll be working with
Lauren Darbyshire-Robert
Not sure which of these fits?
Tell us what’s happened in your own words and we’ll point you to the right person.