Contentious Probate

Legal advice to help you honour your loved one's wishes
Personal law probate


Experts in contentious probate

Our skilled team can help guide your claim toward a resolution that better represents you and your loved one's wishes.

Photo of Philip Giles, Partner at Giles Wilson
What is contentious probate

What is contentious probate?

Contentious probate relates to any dispute that arises as a result of how a person’s estate is administered when they pass away.

This might involve contesting a will, but in cases where an individual dies intestate (that is, without a will), a contentious probate challenge can still be lodged.

Who is the executor / administrator?

The executor or the administrator is a person who is responsible for distributing the deceased’s estate in accordance with the terms of the will or the rules of intestacy. They are also the people who apply for probate when this is required.

Read more
What are the reasons you might contest probate

What are the reasons you might contest probate?

In short, there are two fundamental reasons you might lodge a contentious probate claim.

You either believe the deceased’s Will is invalid or is not being adhered to; or you believe ‘reasonable financial provision’ has not been made for you in accordance with The Inheritance (Provision for Family & Dependants) Act 1975.

Read more

When should you consider contentious probate action?

A diverse array of circumstances may prompt your consideration of contentious probate proceedings. These encompass, but are not limited to, the following scenarios:

Read more

Can a will be overturned after probate is granted?

Yes, it is possible for you to overturn it after the Grant of Probate has been approved.

Read more
How to make a contentious probate claim

How to make a contentious probate claim

Our solicitors at Giles Wilson go through a clear, considered process in handling any contentious probate claim to help ensure you receive the outcome you’re due.

The law and intricacies behind probate make the support of an experienced specialist in this area crucial, so you can navigate all steps with real assurance.

How long do contentious probate disputes last?

There is no easy answer to this question, as the length of contentious probate proceedings depend on numerous factors, including the complexity and size of the deceased’s estate, the number of parties involved and whether the case extends to court.

Read more

The costs of contentious probate proceedings

The cost of contentious probate claims are difficult to estimate accurately, as a number of factors are relevant to include:

  • The time it takes to complete proceedings
  • Whether the case needs to go to court
  • The size of the estate
  • Whom you choose to represent you
Read more
The association of contentious trust and probate specialists

The Association of Contentious Trust and Probate Specialists

The Association of Contentious Trust and Probate Specialists (ACTAPS) was established in September 1997 as a professional forum for solicitors specialising in contentious probate and trust work.

Our Partner and Head of the Contentious Private Client Department, Philip Giles, has been a member of this association for many years, signalling him as a specialist in this complex area of law.

If you’d like to learn more about the process behind contentious probate claims, please read the ACTAPS guidelines. Or speak to our contentious probate solicitors who can help you understand each stage step by step.

Featured Insights
Pride and Pronouns 1568x1045

When communicating with someone new, it is always a good idea to make sure you are using inclusive language. Terms such as they/them to avoid an incorrect assumption being made. Pronouns are not a suggestion; they are fundamental and vital to someone’s identity and should be respected.

Photo of Melinda Giles
Melinda Giles - 1 min read

Awards & Recognitions

The expertise of our solicitors is regularly recognised by some of the profession’s most distinguished organisations. As well as being a member of a number of Law Society schemes, we have won awards at the Law Society Excellence Awards, the Halsbury Legal Awards and the Modern Law Awards.

We have also received recognition in the form of the Lexcel mark of quality, a Legal 500 listing and a place on the shortlist of The Lawyer’s Boutique Firm of the Year.

Modern law awards
Lawyer awards

Our accolades

We are here to help

If you have a legal issue you are worrying about, it’s important to remember you are not alone.

Whether you're a new or existing client, we’d be delighted to hear from you. Fill out the form, phone or send us an email and let’s start the conversation today.

  • Leading law firm with more than 30 years’ experience
  • Trusted authority in client and commercial matters
  • Proven track record of providing award-winning service

Fully regulated to give you assurance with every step

When to report a solicitor to the SRA

If you have complained to your solicitor about breaching the SRA Code of Conduct and are not satisfied with their response, you can report them to the SRA. Examples of a breach include:

  • Dishonesty
  • Fraud
  • Discrimination

When to contact the Legal Ombudsman

If you have complained to your solicitor about poor service and you are not satisfied with their response, you can contact the Legal Ombudsman who deal with poor service, such as:

  • Delayed or unclear communication
  • Problems with your bill
  • Loss of documents