Contentious probate, estate disputes and actions to remove executors

Contentious probate

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

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