Contentious probate disputes arise when there is disagreement about a will, how an estate is administered, who should act as executor, or whether beneficiaries are being treated fairly. These disputes can be legally complex and emotionally charged, particularly where family relationships are strained.

Our specialist Private Wealth Disputes team advises executors, beneficiaries and trustees on resolving contentious probate disputes efficiently and sensitively, while protecting their legal and financial position.

What is contentious probate?

Contentious probate covers disputes relating to wills or the administration of an estate after someone has died. These disputes often involve:

disagreements between beneficiaries
concerns about the conduct of executors or administrators
disputes over the interpretation of a will
delays or failures in administering an estate
claims against executors personally

Common contentious probate issues

We regularly advise on disputes involving:

removing or replacing an executor
disputes between executors
disputes where there is no will (intestacy)
failure to distribute assets properly
estate accounts and missing assets

What are an executor’s duties?

Executors and administrators have strict legal duties, including to:

act in the best interests of the estate
act impartially between beneficiaries
preserve estate assets
progress the administration without unreasonable delay
provide information and accounts when required

Failure to comply with these duties can result in personal liability.

Resolving contentious probate disputes

Early advice and assessment: We assess the issues quickly and advise on your rights, obligations and risks.

Information gathering: This may include reviewing estate accounts, correspondence, financial records and relevant documentation.

Pre-action correspondence: We seek to resolve disputes constructively where possible, setting out concerns clearly and proportionately.

Mediation and negotiation: Many contentious probate disputes settle through mediation, preserving estate value and relationships.

Court proceedings: Where necessary, we pursue or defend court proceedings to protect your position.

Costs and funding

We understand that cost is an important consideration in any dispute. We provide clear, transparent advice on costs at the outset and throughout your case.

Depending on the nature of the dispute, funding options may include:

hourly-rate arrangements
fixed fees for defined stages
conditional or staged funding
deferred payment in appropriate cases

We will always discuss funding options openly and honestly.

In some cases, costs may be payable from the estate, but this depends on the circumstances and the court’s discretion.

Why choose Hugh James?

We are recognised for our expertise in contentious probate and estate administration disputes. Clients value our:

specialist knowledge of executor duties and estate law
pragmatic, solution-focused approach
experience in high-value and complex estates
ability to balance sensitivity with robust action

Key Contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team.

He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

The Legal 500

Recent experience

Acted for beneficiaries in applications to remove and replace executors where there were concerns about delays and lack of transparency in estate administration.
Advised executors and personal representatives in disputes over delivery up of assets, caveats and subpoenas during estate administration.
Supported executors defending claims brought by or against the estate, including applications for accounts and applications for directions from the court.
Interim advice on complex estate disputes involving disagreements between co-executors and beneficiaries, achieving mediated settlement without the need for litigation

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

Message us

Contentious probate, estate disputes and actions to remove executors