Contentious probate

We have successfully removed numerous executors who have been unwilling, unable or unfit to act often either replacing them with our own firm, our clients or an independent party.

Our experience in this field means we’ve been able to deal with this issues, quickly, cost-effectively and with the minimum of stress

Roman Kubiak successfully represented a beneficiary of an estate in which the named executor in the will could not be traced and had previously been uncooperative.  As such, we issued a citation to the executor to accept or refuse probate following which probate was ultimately granted to our client who could administer the estate in accordance with the deceased’s wishes.

We regularly help clients interpret wills and trusts.

We have advised professional executors in relation to the interpretation of the term “children” in historic wills and whether that term included adopted children.

We have also advised about the true construction of a clause in a will which left a contingent gift to a charity and whether that clause was valid.

Similarly we are often called on by our clients to interpret the meaning of wills prepared by other firms.

We acted for the executor of his father’s will faced with a claim by beneficiaries:

1. for a full inventory and account of our client’s dealings with the estate;
2. to set aside the client’s purchase of a property purportedly in breach of the self- dealing rule (to find out more see our self-dealing blog); and
3. to remove our client as an executor.

The circumstances called for immediate action and we were able to act quickly to ensure that our client was not removed and to protect his position.

Yes. We offer a free 20 minute telephone consultation.

In many cases we’re able to offer a range of flexible pricing options including “no win, no fee” agreements, fixed fees and deferred payment arrangements depending on each case.

Some cases may also be suitable for “After the Event” insurance funding which provides cover for the cost of disbursements such as court and expert fees as well as protecting you from any potential adverse costs order.

Each case is unique and so how quickly your case might be resolved depends on the particular circumstances. However, with one of the largest contentious probate teams in the UK with over 50 years’ experience in contentious probate, and with recognised leaders in the field, you can rest assured that your case is in good hands and that we’ll work with you to resolve your claim as quickly as possible.

Contentious probate is any dispute relating to the administration of a deceased person’s estate (probate).  Whether you are involved in a dispute over the value of estate assets, the interpretation of a will or will dispute, an executor dealing with feuding beneficiaries or need to know how to remove an executor, we can help.

We aim to resolve contentious probate disputes quickly and cost-effectively and have significant experience in dealing with all manner of contentious probate issues.

Time limits differ depending on the specific type of claim.  Generally, probate claims must usually be brought within 12 years from the date a person becomes entitled to a share of the estate. However, in some cases these time limits can be considerably shorter so the key is to act quickly.

If you’re facing a potential estate dispute then contact our team of contentious probate solicitors today.

How to remove an executor generally depends on whether the application is being made before or after the grant of probate or letters of administration have been granted.

Assuming you can’t remove an executor by agreement (in our experience many executors will agree to be removed without the need to go to court), generally speaking before a grant of probate or letters of administration have been granted the most common way to remove an executor is by an application to the probate registry under section116 Senior Courts Act 1981.

After the grant of probate or letters of administration have been obtained, an application to the High Court is usually necessary to remove an executor, under section 50 Administration of Justice Act 1985.

Our team of contentious probate solicitors have significant experience in removing executors. 

For more information , please read our blog post 'How to remove an executor'

There are numerous grounds to remove an executor.  The following can give automatic grounds to remove an executor:

• death;
• where they have remained outside of the UK for more than 12 months; or
• where, whether through some disability or otherwise, they are unable to act.

Otherwise, the grounds to remove an executor can include the following:

• refusal to act;
• where they are unfit to act, for example favouring one beneficiary over another, having previously been convicted of fraud, having acted in breach of their duties or contrary to the terms of the will, having profited from their role (see our blog on self-dealing for more information) or otherwise acted in a way which is contrary to the best interests of the estate and its beneficiaries;
• unanimous agreement between all relevant parties;
• where the executor(s) and beneficiaries simply do not get on; or
• any other reason which calls into question the executor’s suitability.

Our team of contentious probate solicitors have significant experience in removing executors. Read our blog 'How to remove an executor' to find out more.

Beneficiaries are generally entitled to request and be provided with estate accounts or accounts showing their entitlement and interest.  In many cases a beneficiary should also be provided with a copy of the will.

If you have an executor refusing to provide estate accounts then you may be able to make an application to court for an “inventory and account” requiring the executor to provide an itemised list of all assets in the estate, as well as an account of their dealings with those assets and their actions.

Yes.  With over 50 years’ experience in advising professional and lay executors we are well placed to help you navigate the minefield of a contentious probate claim.

More often than not, we can resolve potential claims without the need to go to court.  However, if court proceedings are necessary then our primary focus is always to protect you, our client, from any adverse costs order and to provide you with frank, no-nonsense advice.