Contentious probate refers to any dispute about how a person’s estate is handled after their death. These disputes can take many forms, such as concerns about whether a will is valid, disagreements between executors and beneficiaries and conflicts over trusts or claims for provisions from excluded or disappointed beneficiaries. 

Losing someone close is difficult, and when questions about their estate arise, it can cause added stress and uncertainty. Many people feel uncomfortable about raising objections, especially when family relationships are involved, but sometimes it is the only way to protect both the wishes of the person who has died and the rights of those left behind.

At Switalskis, we believe everyone should have access to clear information and legal support when they are facing this situation. In this complete guide to contentious probate, we explain the different types of claims, what evidence may be needed, the processes involved, and how our solicitors can help you through what can often be a complex and sensitive area of law.

Contesting a will

Losing a loved one is hard enough, but when you suspect their will doesn't reflect their true wishes, it can also bring painful questions and a sense of deep uncertainty. For many people in this situation, it's hard to know what to do next.

It’s important to act quickly because, once probate begins, assets and money can start being distributed before you have the chance to raise concerns. Probate is the legal process of managing someone's estate after they pass away, and usually the first opportunity most people will have to see the will for themselves. If you have concerns about the validity of someone’s will, you should act before the probate process gets started, as this will typically mean the Probate Registry will issue a document confirming the will is valid, known as the Grant of Probate. 

Many people feel uneasy about questioning a will or challenging the actions of a family member. But sometimes, it’s the only way to make sure the deceased person’s true wishes are respected and your own rights aren’t lost.

Who can bring a claim against a will?

You must have what the law calls legal standing. This means you have a genuine interest in the estate and would be directly affected by the outcome.

You are considered to have legal standing to contest a will if you are:

• A beneficiary named in the will.
• A beneficiary under an earlier will.
• Entitled to a share of the will under intestacy rules.
• In certain situations, someone who was financially or otherwise dependent on the deceased.

If the outcome of the estate would directly affect you, you’re likely to have standing to bring a claim.

Grounds for challenging a will

A will that meets the necessary legal formalities is presumed valid unless there is strong evidence to the contrary. To succeed in a claim, you will need to show that one or more recognised legal grounds apply, from the following:

Lack of testamentary capacity

The person making the will must have had the mental capacity to understand what they were doing. This includes knowing what assets they owned, who might expect to benefit and the effect of signing the document.

If the deceased lost mental capacity because of a condition such as dementia, before writing the document, it is possible that the will could be set aside, but medical evidence will be required.

Undue influence or coercion

A valid will must reflect the testator’s own wishes. If someone applied pressure or manipulated the person making it, this is called undue influence and can give rise to a claim.

These claims often rely on evidence such as medical records, letters or witness statements showing that the deceased was vulnerable or under someone else’s control.

Lack of valid execution

Under the Wills Act 1837, the will must be a written document signed by the person making it (or by someone else in their presence and at their direction), with the signature witnessed by at least two people present at the same time, who must then also sign the will in the testator’s presence.

If any of these steps were missed, the will may be invalid.

Fraud or forgery

You may suspect that a will or the deceased’s signature was falsified, or that the person preparing the document was deliberately misled about the testator’s true intentions. This can include forged signatures, fraudulent statements or deception about what the will contained.

These are serious concerns and, if proven, can lead to criminal prosecution as well as civil claims. However, this requires very strong evidence and is extremely rare.

Lack of knowledge and approval

Even if a will appears valid on its face, the deceased must have genuinely understood and approved its contents.

Concerns like this often come up if someone else prepared the document on their behalf, or if the deceased was frail, unwell or would have struggled to read or comprehend at the time the will was signed.

Revocation by a later will or destruction

Sometimes, people rely on an outdated will without realising that a more recent version exists or that the original was deliberately revoked. If your solicitor can show that the deceased made a newer will that replaced the old one, or destroyed the original copy of the earlier will with the intention to cancel it, then the will currently being relied on is likely to be found invalid.

Clerical error or mistake

A will can be challenged if it contains a clerical error or doesn’t accurately record the deceased’s instructions. For example, if the will writer accidentally included an incorrect name or inaccurate figures, you can ask the court to rectify the mistake under the Administration of Justice Act 1982.

Fraudulent calumny

This applies when someone deliberately poisons the testator’s mind against another person by telling lies about them. Unlike undue influence, which involves pressure or coercion, fraudulent calumny uses deception alone to influence how the will is written. It is very difficult to prove and is one of the least common grounds for challenging a will.

The process of contesting a will

Every case is different, but most follow the same stages:

• Initial assessment: your solicitor will help you review the circumstances, assess whether you have legal standing and decide if you have grounds to make a claim.
• Pre-action steps: before starting court proceedings, you will usually try to resolve the matter through negotiation or mediation.This can involve:
• Sharing evidence between the parties involved.
• Writing letters of claim and response.
• Discussing settlement options, including mediation and negotiation where possible.
• Issuing a claim: if the dispute can’t be settled through mediation, your solicitor will prepare a formal claim and submit it to the court. This will set out your position and include supporting evidence.
• Disclosure and evidence: both sides share relevant documents and witness statements.
• Court proceedings: if agreement isn’t reached, the claim will move to a court hearing. A judge will consider all the evidence and decide whether the will is valid.
• Final decision: the court will issue a decision on how the estate is to be administered and whether any claims succeed.

While many contentious probate cases settle before a final hearing, it’s important to be fully prepared in case your dispute goes all the way to judgment

How to protect your interests

If you’re concerned about a will or how an estate is being managed, here are some simple steps you can take:

• Keep records of any conversations or concerns.
• Get copies of the will and any relevant documents.
• Be mindful of time limits, especially if you are considering an Inheritance Act claim.
• Seek professional advice early so you can understand your options for taking legal steps.

How Switalskis can help

No two contested will cases are ever the same. Some disputes can be settled quickly through negotiation or mediation. Others are more complex and may need to be resolved in court.

At Switalskis, our contentious probate solicitors have helped many clients through complex inheritance disputes. We understand how stressful it can be to question a will or challenge the way an estate is handled, especially when family relationships are involved.

If you are in this position, our contesting a will solicitors can guide your next moves with clear legal advice, robust support and the experience necessary to make sure you can protect your interests.

Defending a contested will

If you’ve been named as a beneficiary, you may need to respond to a legal challenge against a will you believe reflects the wishes of the person who died. While some challenges raise genuine concerns, others may result from suspicion, misunderstanding or family conflict.

When a will is contested, the administration of the estate is usually paused until the matter is resolved. This can delay inheritance and create uncertainty for everyone involved.

Defending a will typically involves gathering evidence about how it was prepared, checking whether it meets the legal requirements, and showing that it accurately records the testator’s wishes. Legal advice at this stage can help you understand the options available, assess the grounds of the dispute and work towards a resolution that avoids unnecessary escalation.

Why might you need to defend a will?

Disputes about a will can happen for many reasons. The person contesting it might question whether the testator had the mental capacity to make it, or claim they were unduly influenced. Some may argue that the will was not properly signed or witnessed, while others may bring claims under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel they’ve been left out unfairly.

Even if a challenge appears unfounded, it must still be addressed. Failing to respond can delay the administration of the estate and, if the claim succeeds, potentially result in the will being set aside.

What does defending a contested will involve?

Defending a contested will involves showing that the will is legally valid, properly executed and reflects the genuine intentions of the person who made it. This process usually includes:

• Reviewing how the will was prepared, signed and witnessed.
• Collecting supporting evidence such as medical records, solicitor notes, correspondence or statements from witnesses.
• Responding to the claims raised by the person contesting the will, including reviewing and challenging their evidence where necessary.

While some disputes proceed to court, many are resolved through negotiation or mediation. These methods save time and legal costs, and are sometimes a way to preserve relationships. Your solicitor will explore these options with you first and assess whether it’s possible to reach an agreement without the need for formal proceedings.

It is important to note that a person appointed as executor should remain neutral when a dispute arises. It is for the beneficiaries to defend the claim and their entitlement to inheritance. This may often be the same person, but it is  crucial to distinguish their duties as executor and as beneficiary as totally separate. Typically, the same solicitor cannot represent you as executor and as a beneficiary and you will need to appoint an independent solicitor for each role.

Whether or not the dispute goes to court, a solicitor, such as the team at Switalskis , will advise you on the strength of the claim, help you understand your legal position, and guide you through each stage of the process. If court involvement becomes unavoidable, they will also prepare and file a formal defence and represent your interests during the hearing.

Mistakes in wills

When something in a will doesn’t make sense, or appears to go against what was expected, it can lead to conflict between family members. Some mistakes are the result of clerical errors or miscommunication. Others are due to poor drafting or issues with how the will was signed or interpreted. This section outlines the types of errors that commonly arise, how things can be resolved and when legal advice is necessary.

Can you fix a mistake in a will after the testator has passed?

Some mistakes can be corrected, but this depends on the type of error, the strength of the available evidence and how the courts apply the relevant laws in England and Wales. Legislation that applies in these cases includes the Administration of Justice Act 1982 and the Wills Act 1837.

It is worth noting that not all mistakes are actionable. If the will reflects the testator’s intentions, even if it contains technical or linguistic errors, the court may be reluctant to intervene. However, if an error has changed the meaning or affected the distribution of the estate, it may be possible to challenge or correct the document.

Common types of mistakes in wills that a solicitor can help you to resolve include:

Rectification of a will

The court has the power to formally rectify a will if:

• The will doesn’t carry out the testator’s intentions due to a clerical error.
• The will fails to reflect the testator’s instructions because of a mistake in drafting.

This process is governed by section 20 of the Administration of Justice Act 1982. Claims for rectification must usually be made within six months of the grant of probate, although courts can exercise discretion to allow late claims.

Evidence such as a solicitor’s notes, earlier versions of the will or related correspondence can be used to show that the final document does not match the instructions given.

Interpreting ambiguous clauses

If a will contains ambiguous language or unclear wording, the court can interpret the meaning using external evidence such as the context in which the will was written, any letters of wishes or previous drafts.

These cases do not require the will to be rectified or invalidated. Instead, the court gives legal clarity to help executors and beneficiaries understand the correct interpretation of the clause.

Mutual wills

In cases involving mutual wills, problems can arise if one party changes their will after a binding agreement was made with someone else. Mutual wills differ from mirror wills in that they cannot be unilaterally changed after one party dies. If someone alters a mutual will after the first party’s death, the court may intervene to uphold the original terms.

Disputes can also arise when a party mistakenly believes that they had freedom to change the will, not realising they were bound by a mutual agreement. In these cases, the court may enforce the original terms to protect the expectations of the deceased and any affected beneficiaries.

What is the process for correcting a will?

The first step is to seek specialist legal advice. A solicitor with experience in contentious probate, such as the expert solicitors at Switalskis , can help you:

• Review the will and supporting documentation.
• Identify what kind of mistake has occurred.
• Assess whether the will is legally valid and what legal remedies may apply.
• Gather supporting evidence from will writers, solicitors or other parties involved.
• Determine whether court intervention is necessary, and prepare the case.

In some cases, claims may also give rise to professional negligence proceedings where a solicitor or will writer failed to follow instructions accurately. These claims can provide financial compensation to cover legal costs and other losses resulting from the mistake.

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Not every dispute is about whether a will is valid. Sometimes, the problem is that the will - or the intestacy rules that apply when there is no will - doesn’t leave reasonable financial provision for the people who need it most.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for provision from the estate if they weren’t included in the will or feel the amount left to them isn’t enough to meet their needs.

You may be able to bring a claim if you are:

• A spouse or civil partner of the deceased.
• A former spouse or civil partner who hasn’t remarried or entered a new civil partnership.
• A child of the deceased, including adult children.
• A person who cohabited with the deceased, living in one household as husband and wife for a period of at least two years before the deceased’s passing.
• Someone treated as a child of the family; for example, a stepchild.
• A person who was financially dependent on the deceased at the time of their death.

These claims don’t dispute the validity of the will itself. Instead, they ask the court to vary how the estate is distributed to make sure the applicant receives appropriate support.

It’s important to know that time limits apply for this kind of claim. In most cases, you must start your claim within six months of the grant of probate being issued.

What evidence is needed?

A successful claim relies on evidence relating to your financial position and needs. Your solicitor will help you identify and collect what you need, which will include things like:

• Bank statements 
• Payslips
• Pension Documents 
• Evidence regarding your housing situation 
• Medical evidence regarding your health 

A solicitor will use this and other evidence, along with further research, to analyse the facts of the case, and prepare a persuasive claim on your behalf.

What counts as reasonable provision?

The court looks at several factors when deciding if a will has failed to make reasonable financial provision. These include:

• The relationship between the claimant and the deceased.
• The claimant’s financial situation, both now and in the foreseeable future.
• Any disabilities or health issues that affect the claimant’s needs.
• The size and nature of the deceased person's estate.
• The needs and resources of any other involved parties, including beneficiaries.
• Any obligations the deceased had towards the claimant before their death.

The standard of provision differs depending on who is making the claim. For example, a surviving spouse or civil partner is entitled to the same standard of maintenance they would have received in a divorce. Other claimants must show that the will failed to provide reasonable maintenance based on their needs and circumstances.

What happens if your claim is successful?

After a successful claim, the court can order that provision be made from the deceased person's estate. This could include:

• A lump sum payment.
• Ongoing maintenance payments.
• A right to occupy or receive property.
• Adjustments to the way the estate is divided among beneficiaries.

Getting advice from a solicitor early on can often help you avoid court altogether. Most probate disputes are resolved without the need for a full hearing, especially when legal support is in place from the start to lead negotiation and mediation

If you believe you have grounds to bring a claim - or need advice on defending one - the Inheritance Act claims solicitors at Switalskis can assess your eligibility, explain your options and guide you through the legal steps needed to secure fair treatment from the deceased person's estate.

Court of Protection disputes

Court of Protection disputes may arise when individuals disagree over decisions made on behalf of someone who lacks the mental capacity to make choices for themselves. These disputes can involve finances, care or wider welfare matters, all of which may be managed by a deputy appointed by the court, or an attorney acting under a Lasting Power of Attorney (LPA). 

An LPA is a legal document that allows a person, while they still have capacity, to appoint one or more trusted individuals to make decisions on their behalf in the future, covering financial affairs, health, or personal welfare.

Deputies are usually appointed when there is no existing attorney and a person needs ongoing support to make decisions. Attorneys are chosen by the individual while they still have capacity, and the scope of their authority depends on what is written into the LPA. Disagreements can arise about the actions or decisions of either party, especially if others feel that choices are not being made in the vulnerable person’s best interests.

Common reasons for these disputes

Disagreements may be prompted by a wide range of concerns. Some of the most common include:

• Financial mismanagement: concerns that a deputy or attorney is misusing funds or failing to act in the person’s best interests.
• Care arrangements: disputes over where the person should live or the kind of care they should receive.
• Welfare decisions: disagreements about medical treatment or day-to-day support needs.
• Validity of decisions: doubts about whether a LPA was properly created or is being used appropriately.
• Statutory wills: disputes about how a person’s estate should be handled when they’ve lost capacity to make or update a will, and family members disagree with the proposed terms set by the Court of Protection.

Such disputes are often emotionally charged and can arise even when those involved are trying to act with good intentions. The Court of Protection has the authority to decide on these matters by reviewing evidence, listening to different perspectives and determining what outcome serves the person’s best interests.

What is the process for raising a dispute?

Each case is different, but most Court of Protection disputes follow a similar process:

1. Clarify the concern

Start by identifying the core issue and who is involved. Common disputes include disagreements over care arrangements, concern about the misuse of funds or challenges to how an attorney or deputy is exercising their powers. The case will be referred to Court to consider each side’s reasoning and evidence, before a decision is made. 

The Office of Public Guardian can refer a concern to the Court of Protection. 

2. Gather relevant evidence

This might include financial records, medical assessments, social care notes, copies of LPAs or deputyship orders, and any written correspondence or witness statements that support your concerns. Your solicitor will use this as the starting point for building a case.

3. Seek legal advice

A solicitor can assess whether court involvement is justified and explain the legal options available under the Mental Capacity Act. They’ll also explore alternative solutions, such as mediation or informal resolution, and only move towards court action if necessary.

4. Submit an application

If informal routes don’t resolve the issue, your solicitor will prepare an application to the Court of Protection. This sets out the facts, concerns and proposed solution, and may trigger further steps such as a hearing.

5. Court considers the case

The court will assess all the evidence and make a decision based on what is in the vulnerable person’s best interests. In some cases, it may appoint an independent representative, such as a litigation friend or advocate, to represent the individual directly.

Who pays the legal costs?

In many Court of Protection disputes, legal costs may be covered by the vulnerable person’s estate, but this isn’t guaranteed. The court has discretion and may decide that one party should cover the costs, especially if someone has acted unreasonably or brought a claim without proper grounds.

When you contact Switalskis, we’ll explain how costs are likely to be handled in your case. We’ll always be clear about fees from the start, so you can make informed decisions with no unexpected surprises later on.

What if I'm concerned about a deputy or attorney?

The Court of Protection has the power to supervise and, if necessary, remove attorneys or deputies who are not acting in the best interests of the person they represent. If there are concerns about financial mismanagement, neglect or other misuse of authority, a complaint can be raised and the court may investigate.

In some cases, an independent deputy may be appointed to replace the person currently acting under the LPA or court order.

In all of these cases, you should seek legal advice as soon as possible from specialist Court of Protection disputes solicitors to help you understand your rights, avoid unnecessary conflict and take the right steps to protect the vulnerable person at the heart of the case.

Executor disputes

Disputes between executors, beneficiaries and other involved parties can arise at any stage of the probate process. These often relate to concerns about how the estate is being managed or whether an executor is acting properly. If misconduct is suspected, the court has powers to censure an executor or, in more serious cases, remove them from their role altogether. 

Some of the most frequent triggers for executor disputes include:

• Breach of executor duties: executors must act in the best interests of the estate and its beneficiaries. If they show favouritism, misuse funds or delay distributions, this can give rise to a contentious probate claim.
• Lack of transparency: executors are expected to provide detailed estate accounts. Failure to do so can lead to suspicion, especially if beneficiaries believe assets are missing or mismanaged.
• Delays in the probate process: avoidable delays can erode trust between parties. Executors must act efficiently and keep beneficiaries informed.
• Interpretation of the will: ambiguous wording or unclear instructions may lead to disagreements about the deceased's intentions, especially when decisions affect high-value assets.
• Exclusion or marginalisation of beneficiaries: if someone feels they’ve been left out or inadequately provided for, they may bring an Inheritance Act claim against the estate. While the executor would not be a party to such a claim, they may still be responsible for managing the estate’s distribution once the court has made a decision.

Costs and charges : executors can claim expenses and, if they are professionals, typically charge fees. Disputes may arise if beneficiaries believe these costs are disproportionate or unexplained. These disagreements are not limited to misconduct. In some cases, family members named as joint executors may fall out with each other, or there may be difficulties in decision-making, and require intervention from a solicitor to keep the process on track.

Resolving executor disputes

Most executor disputes do not require a court hearing. In fact, resolving disputes through early intervention and negotiation is often the most effective way forward. A legal professional can assess the merits of your position, manage communication with the other parties and identify opportunities to avoid formal litigation. Ways to resolve an executor dispute include:

• Open communication: in many cases, tensions can be reduced by setting out concerns in writing or holding a structured meeting. If misunderstandings have occurred, clarifying the estate administration process or providing accurate estate accounts may be enough to restore trust. A solicitor can help you prepare or respond to correspondence, and in some cases act as an intermediary.
• Mediation: where relationships are strained, mediation allows parties to discuss the dispute with the support of a neutral third party. It remains a private process, unlike court proceedings, and can help you avoid court expenses, unwanted publicity and further delay. Mediation can be particularly helpful in cases where interpretation of the will is in question or when disputes are emotionally charged.
• Executor removal: if there are serious concerns about an executor’s conduct, it is possible to apply to the court to have them removed. This may be appropriate if there is strong evidence of mismanagement, bias, or refusal to act.

Alternatively, if the executor has not yet started to administer the estate, they may choose to renounce the role voluntarily. Once they have taken active steps - for example, by applying for probate or managing assets - a formal court application will be needed to remove them.

What happens when a dispute reaches court?

Because of the financial and emotional costs involved, it is in the interests of most parties to seek to resolve matters well before a full trial. However, if negotiation and mediation do not resolve the matter, litigation may be necessary. Court proceedings can take time and may involve expert evidence.

If the claim is successful, the court may also make an order regarding costs. In cases where the executor has acted improperly, they may be required to pay legal costs or repay money to the estate. If the claim fails, the claimant may be responsible for court expenses.

Because of the financial and emotional costs involved, most parties will seek to resolve matters well before a full trial. A solicitor can help you weigh the legal risks and potential outcomes from the outset.

Getting early legal advice in matters of executor disputes will help avoid litigation, reduce court expenses, and support a resolution that reflects the deceased person’s wishes.

Removing an executor

If an executor fails to carry out their duties properly, or uses their position inappropriately, beneficiaries or other interested parties may be able to apply for their removal.

An executor’s role includes both legal and administrative tasks that must be fulfilled according to strict requirements, including:

• Valuing and identifying all assets and debts within the estate.
• Applying for probate if required.
• Paying off outstanding liabilities using estate funds.
• Locating beneficiaries and distributing inheritance according to the will.
• Keeping clear and accurate records of all transactions.
• Completing the process within a reasonable timeframe, usually within 12 months (although some complex estates may take longer).

Executors have a duty to act in the best interests of the estate and its beneficiaries. If they make mistakes, fail to act or cause losses, they may be held personally liable and face legal action to have them removed from their position.

When can an executor be removed?

If you believe an executor is not fulfilling their responsibilities, there are several routes through which you can raise concerns - some informal, others through court. Common reasons include:

• Failing to carry out duties or delaying the process unreasonably.
• Mismanaging estate funds or assets.
• Acting dishonestly or unlawfully.
• Being unable or unwilling to act (e.g. due to illness or conflict of interest).

The action you take will depend on whether probate has already been granted.

Before probate

If probate has not yet been granted, concerns can sometimes be addressed informally. A named executor may agree to step aside voluntarily. Alternatively, you can lodge a caveat at the Probate Registry. This temporarily stops the issue of probate and provides time to resolve concerns, especially in disputes over the validity of the will. If an executor has, however, already taken steps to start the estate administration, informal removal is not likely to be an option and a Court application will be necessary.

After probate has been granted

If the executor has already received the grant of probate, they are formally responsible for the estate. Removing them requires a court application and strong supporting evidence. The court will only grant the application if it’s satisfied that removal is in the estate’s best interests.

What is the process for removing an executor?

If informal efforts don’t resolve the problem, an interested party (usually a beneficiary) can apply to the court for the executor’s removal. The court will consider the facts and assess the impact on the estate and beneficiaries.

Evidence might include:

• Estate accounts showing errors or omissions.
• Correspondence demonstrating delay or inaction.
• Witness statements or documents showing misconduct.

The court has discretion to remove an executor and appoint a replacement. This might be another named executor, a beneficiary or a professional such as a solicitor.

What happens after an executor is removed?

When an executor is removed by the court, they must pass on all relevant estate paperwork, financial records and documentation to the person taking over. If they have caused loss to the estate - through dishonesty, negligence or mismanagement - they may be ordered to pay compensation and cover legal costs.

If no wrongdoing is proven, the person who applied for their removal may need to cover the legal costs instead. Because of this, you should always seek legal advice before starting this process .

Predatory marriage

A predatory marriage occurs when a vulnerable person is manipulated into marriage, often by someone seeking financial gain. These cases usually involve individuals with impaired mental capacity, such as those living with dementia. The legal consequences can be serious, particularly if the marriage revokes an earlier will and the new spouse becomes entitled to inherit under intestacy rules.

Where a person lacked capacity to marry or was coerced, their surviving family may be left without legal recourse unless they take steps to challenge the marriage’s validity. Common concerns include:

• The marriage taking place without informed consent.
• The new spouse inheriting the entire estate due to the revocation of an existing will.
• The exclusion of family members who were previously named as beneficiaries.
• Disputes over property, care arrangements or financial abuse prior to death.

Legal implications

Under the Wills Act 1837, a valid marriage usually revokes any prior wills unless the will was made in contemplation of that specific marriage. In cases of predatory marriage, this can result in the entire estate passing to the new spouse under intestacy, leaving others excluded. These circumstances often give rise to probate disputes, especially where there is reason to question the deceased person’s capacity at the time of marriage.

Challenging a predatory marriage

Because predatory marriage cases often involve complex issues at the overlap of family law, capacity law and probate, early advice from a legal professional can clarify the available options, protect the vulnerable individual’s estate and avoid unnecessary legal disputes.

Depending on the circumstances, a solicitor can pursue legal remedies on your behalf such as annulment, applying for a statutory will through the Court of Protection or - if the person is still alive - requesting protective measures such as a forced marriage protection order.

Establishing the grounds for challenge typically involves gathering supporting evidence. This might include medical records, statements from family or carers and a clear timeline of events showing undue influence, cognitive decline or other relevant factors. These cases can affect the distribution of the estate and may need to be addressed swiftly and before the said person passes away, especially where probate is already underway or time limits for annulment apply.

Trust disputes

Trusts are often used to manage and protect assets after someone’s death, particularly where beneficiaries are underage, vulnerable or intended to benefit from the income of an asset without owning it outright. While a clearly written trust deed can make the responsibilities of trustees straightforward, disputes still arise - especially regarding expectations, transparency or duties not being met. Trusts also commonly arise in relation to ownership of property or land, which are usually person’s most valuable assets. These situations can be complex and often require legal advice to resolve.

What is a trust dispute?

A trust dispute occurs when someone challenges how a trust is managed or questions its validity. Trusts are also commonly created over land and property. These disputes often stem from disagreements between trustees and beneficiaries, between co-trustees, or among beneficiaries themselves.

Typical issues include:

• Valid formation of the trust: questions may be raised over whether the trust was properly created. Concerns might involve lack of capacity, undue influence or failure to comply with legal formalities.
• Interpreting the trust’s terms: ambiguous or contradictory clauses can result in differing opinions about how the trust should operate or how assets should be distributed.
• Breach of duty: trustees are legally required to act prudently, transparently and in the best interests of all beneficiaries. Mismanagement, delay or favouritism may give rise to legal claims.
• Trustee misconduct: examples include using trust assets for personal gain, withholding information or failing to maintain records.
• Disputes over asset ownership: where trust property is shared, occupied or inherited by multiple parties, disagreements over entitlement or use may lead to legal challenges.
• Removal of trustees: where a trustee is thought to be unfit to continue, parties may seek their removal. This is often contested and may require court intervention.
• Constructive trusts: arise in situations where legal ownership and beneficial ownership do not align. This often arises where two or more persons live and pay for a property, even though only one of them is the legal owner. 

How are trust disputes resolved?

Most trust disputes can be addressed through alternative dispute resolution (ADR) methods such as:

• Negotiation: informal solicitor-led discussions between parties, aimed at agreeing on how the trust should be managed.
• Mediation: a neutral third party helps all sides explore solutions, particularly useful where relationships have broken down or where emotions are high.
• Arbitration: a more formal alternative to court proceedings where an independent arbitrator makes a binding decision.

ADR is often quicker and more cost-effective than litigation, and can lead to solutions that more closely align with the settlor’s intentions. Our trust dispute solicitors always look to resolve things in these ways where possible, combining a detailed understanding of trust law with a practical and pragmatic approach to resolving disagreements between parties who have competing interests.

When are court proceedings required?

Litigation may be necessary if:

• ADR fails or is not appropriate.
• There are serious allegations of misconduct or breach of trust.
• The terms of the trust need judicial interpretation or variation.
• A trustee must be removed and will not step down voluntarily.
• Beneficiaries wish to seek restitution for losses due to a trustee’s actions.

The court has powers to clarify trust terms, approve changes, appoint or remove trustees and order compensation for breaches of trust. However, this process can be time-consuming and expensive. Legal advice should always be sought before pursuing this route.

If you are facing a probate dispute or need advice on protecting your interests, contact Switalskis today on 0800 138 0458 or through our website to speak with one of our specialist contentious probate solicitors.