Probate Disputes
Probate Dispute Lawyers for Contentious Probate & Estate Disputes
Disputes over the administration of an estate, otherwise known as contentious probate, can be legally complicated and emotionally painful, especially when they involve close family members or trusted individuals.
Whether you are a beneficiary who feels left in the dark, an executor accused of mismanaging an estate, or someone who has been excluded entirely, contentious probate matters require both sensitivity and strength.
At Lupton Fawcett, our specialist Probate Dispute Solicitors help individuals and families across Yorkshire and throughout England and Wales to resolve a wide range of probate disputes. From disagreements over the role of executors to disputes about the interpretation of a Will or the distribution of assets, we provide strategic, realistic advice at every stage.
We recognise the emotional strain these situations place on everyone involved. That’s why we work to resolve matters quickly and amicably wherever possible through negotiation, early communication, or formal mediation. However, when litigation is required, our experienced team is fully equipped to represent you robustly in court to protect your interests.
To speak with one of our expert Probate Dispute Lawyers in confidence, call us today on 0113 280 2283 or complete the contact form below. We are here to support you.
Why choose Lupton Fawcett?
Lupton Fawcett is one of the most experienced firms in England and Wales for contentious probate and estate administration disputes. We are trusted by clients across Yorkshire and beyond to resolve emotionally and financially significant matters with care, clarity, and authority.
Our Estate Administration Disputes team is led by Kate Saunders, a senior solicitor with over two decades of legal experience and a specialist in contentious probate since qualification. A respected member of The Association of Contentious Trust and Probate Solicitors (ACTAPS). Working alongside her is Sam Hirst, a solicitor with a strong focus on resolving disputes amicably where possible, but who also offers robust representation where litigation is necessary.
Clients choose Lupton Fawcett for our technical expertise and our commitment to delivering clear, practical advice during some of the most difficult times in their lives. Whether you are defending your actions as an executor or administrator, challenging the fairness of a distribution, or dealing with a stalled or contested estate, we bring the knowledge, strategic insight, and emotional understanding needed to guide you toward the best possible outcome.
We believe every dispute deserves a thoughtful and personalised response. With a proven ability to resolve matters out of court and the strength to represent clients at the highest level, Lupton Fawcett stands apart as a leading firm for estate administration disputes.
“Sam (Hirst) represented me and my family in connection with some issues with my late fathers estate. We found Sam to be a good listener and could rely on her to come up with solutions to resolve the issues we faced, she was professional and reassuring at all times. Sam made a very hard time much easier to deal with and I would recommend her to anyone in a similar situation.”
“From my very first contact with Kate she was personable, warm and reassuring whilst being completely professional. She was a very safe pair of hands in extremely choppy waters. The experience was profoundly challenging and I needed the knowledgeable support from Kate which I received unfalteringly always with empathy and humanity. I highly recommend her.”
“I strongly recommend and can provide references to anyone thinking of hiring Sam (Hirst) to help navigate a probate / family dispute. She is calm, expert and always on point. She is a complete star of a solicitor and I cannot recommend her more highly. Very satisfied clients”
“I have known Kate Saunders who worked with IDR Law, for 5 years after my late husband passed away. Even though she is now with Lupton Fawcett, I followed her to her new company. She is not just a lawyer, she educated me about litigation law and really made sure she understood my difficult situation. Kate is very helpful and has a kind heart. Kate has a very high level of expertise and lots of experience. So wherever Kate is, I will always follow her.”
“I highly recommend Sam (Hirst) for conduct of family inheritance / property disputes. We would have been lost without her calm and wise manner. It is obvious from the get go that she is used to dealing with contested matters between relatives. Sam’s expertise and practical approach was both reassuring and effective to achieve the resolution that was in the best interests of everyone. She was also 100% accurate with her costs estimate! Very happy client, thank you Sam!”
“Kate is efficient, pragmatic and sensitive to the needs of her clients and the idiosyncrasies of opponents. It is the perfect combination for contentious trusts and probate work. She is exceedingly warm and friendly. This not only makes her easy to work with in a team, but frequently disarms opponents and leads to achieving great results for her clients.”
“Sam (Hirst) is one of the best probate dispute lawyers I have ever come across. Sam’s ability to calmly stride through complex legal and family issues – is a rare talent. She is also responsive, caring and cost aware at all time. A superb mix and I was very lucky to find her for my client.”
“I can confidently recommend Kate Saunders for dealing with litigation in trust disputes. She assisted me in my claim against a fellow trustee for not co-operating in administering the Trust. Kate’s expertise enabled an efficient conclusion with the Court. Kate has a sharp mind and was able to clearly establish the lagal principles and advise on the best course of action to obtain the outcome I needed.”
What are Estate & Probate Disputes?
An estate administration dispute is a form of contentious probate that arises when conflict occurs during the process of managing someone’s estate after death. These disputes often centre around how the estate is being handled, whether executors are fulfilling their duties correctly, whether beneficiaries are being treated fairly, or whether someone has been excluded altogether.
Some of the most common causes of probate disputes include:
Experienced in handling specific types of Probate Dispute
Estate administration disputes can arise for many reasons, often at a time when families are grieving and tensions are already high. Whether concerns are raised about how the estate is being handled, or questions are asked about the meaning of a Will or entitlement to an inheritance, these matters require expert guidance and a calm, strategic approach.
At Lupton Fawcett, we assist clients in resolving all types of estate administration disputes. Below are some of the most common forms of dispute that can arise. Each reflects a unique set of legal and emotional challenges, and in each case, our team provides practical, client-focused advice to help resolve the issues as efficiently and sensitively as possible.
An executor plays a key role in administering the estate, but sometimes their actions, or inaction, give rise to concern. Common complaints include failure to communicate with beneficiaries, delays in administering the estate, or allegations of mismanagement or conflict of interest. If you believe an executor is not fulfilling their legal duties properly, you may be able to challenge their conduct through legal action. We can assess your position, advise on your rights, and help you take steps to protect the estate and your inheritance.
Disputes involving executors and administrators are common during estate administration and can arise from delays, poor communication, or concerns about how the estate is being managed. These disagreements often involve co-executors unable to work together or beneficiaries who feel excluded or mistreated. If tensions are not addressed promptly, the administration process can stall, potentially harming the estate and those due to inherit. Whether you are an executor facing difficulties or a beneficiary seeking answers, we provide clear, practical guidance to resolve these issues as efficiently and amicably as possible.
Where an executor or trustee is failing in their duties, acting dishonestly, or causing harm to the estate through neglect or misconduct, it may be necessary to apply to court for their removal. This can be a sensitive step, but one that is sometimes essential to preserve the estate and protect beneficiaries. Our solicitors regularly advise on these applications and will guide you through the process with clarity and care.
Charities often benefit from estates where the deceased has left a legacy gift. Disputes can arise over the interpretation of that gift, the administration of the estate, or when charities appear to act aggressively in pursuit of funds. Conversely, charities may need to defend their entitlement against claims from disappointed family members. Whether you represent a charity or are a family member facing a claim involving one, we offer experienced advice tailored to your position.
It is not uncommon for individuals to make promises during their lifetime, such as agreeing to leave property to a certain person, only for those promises to be broken or not reflected in their Will. In such cases, the person who relied on that promise may have grounds to bring a claim against the estate. These claims are complicated and fact-sensitive. Our team has significant experience in bringing and defending such claims, particularly where the promise involved a property, farm, or business.
A caveat is a formal notice that temporarily stops the probate process. It is often used where someone intends to challenge the validity of a Will or disputes who should be administering the estate. While lodging a caveat can provide essential breathing space to investigate or prepare a claim, it should only be used in appropriate circumstances, as it can cause delays and trigger cost consequences. Whether you are considering entering a caveat or responding to one, we can advise you on the best course of action.
Sometimes, the wording of a Will is ambiguous or leads to disagreement about what the deceased intended. These disputes may involve family members, executors, or even charities where the gift is unclear. The court has power to determine the correct legal meaning of the Will, but interpretation claims can often be resolved out of court with the right legal input. We work with clients to clarify the Will’s meaning and resolve disputes in a way that honours the intentions of the deceased as far as possible.
How We Help Resolve Probate & Estate Disputes
At Lupton Fawcett, we help clients resolve probate disputes and estate administration conflicts with clarity, compassion, and legal precision. Whether you’re involved in a claim as a beneficiary, executor, or third party, we understand that contentious probate matters often arise during times of grief, stress, and uncertainty.
Our aim is to resolve disputes efficiently and sensitively while protecting your position every step of the way. We listen carefully to your concerns, provide clear advice on your legal options, and work with you to achieve a fair outcome, whether through early negotiation or decisive court action.
Mediation and Negotiation
Where appropriate, we prioritise resolving disputes through negotiation or mediation. These methods can avoid unnecessary cost, delay, and emotional strain, particularly where family relationships are involved. Our team will handle all discussions on your behalf, working to reach a fair and constructive outcome while ensuring your legal position is fully protected.
Court Applications and Representation
If a dispute cannot be resolved informally, we are fully prepared to take decisive legal action. We regularly act in applications involving executor removal, directions from the court, and disputes over the administration of the estate. With experience across both County and High Courts, we provide strong, effective representation and will guide you through each stage of the litigation process.
Support for Executors and Beneficiaries
We advise both executors defending their actions and beneficiaries questioning the conduct of an estate’s administration. For executors, we offer reassurance and practical support to help you carry out your duties correctly and respond to any claims made against you. For beneficiaries, we provide clear guidance on your rights and the steps you can take if you believe the estate is not being handled fairly.
Frequently Asked Questions about Estate Administration Disputes
Contentious probate refers to legal disputes that arise after someone has died, typically involving disagreements over their Will, the distribution of their estate, or the conduct of those administering it. Common examples include claims that a Will is invalid, disputes between executors and beneficiaries, or conflicts over inheritance rights. It is a specialised area of law that often requires court intervention if matters cannot be resolved informally.
Yes. If you believe an executor is mismanaging the estate, such as causing delays, mismanaging funds, or acting in their own interest, you may be able to apply to the court for their removal or seek directions.
Possibly. If you were financially dependent on the deceased or have a close relationship with them, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. We will assess your circumstances and explain your options clearly.
You can apply to the court to remove or replace an executor or administrator if you believe they are not fulfilling their legal duties or are acting improperly. This is a serious step, and legal advice is essential to assess whether the court is likely to intervene.
Yes. Executors are often required to respond to claims brought under the Inheritance Act or challenges to the Will. We regularly advise and represent executors in defending such claims, ensuring they comply with their duties while protecting the estate.
If an executor delays or refuses to apply for probate, other parties such as co-executors or beneficiaries, may be able to apply to the court to compel action or appoint someone else. This situation can cause unnecessary delay, and we can advise on how to take appropriate steps to move the estate forward.
Usually, yes. If a dispute has been raised, personal representatives should pause distribution until the matter is resolved, to avoid personal liability. If you are concerned about premature distributions, we can take urgent steps to protect your position.
The time limit depends on the type of claim. For Inheritance Act claims, the limit is six months from the Grant of Probate. Other disputes, such as fraud or executor removal, may have different timeframes. Early legal advice is essential to avoid missing your opportunity.
Contact our Estates & Probate Dispute Solicitors today
If you are involved in a dispute about the administration of an estate, whether as an executor under pressure, a beneficiary with concerns, or a family member excluded from the process, speaking to a specialist solicitor at an early stage can make a significant difference. These matters fall under the area of contentious probate, and resolving them effectively requires both legal expertise and sensitive handling.
At Lupton Fawcett, our experienced Probate Dispute Solicitors provide clear, practical advice and strong representation in all types of estate administration disputes. Whether your case involves delays in probate, disagreements over the distribution of assets, or questions about the appointment or conduct of executors and administrators, we are here to help. and move toward resolution.
With offices in Leeds, Sheffield, and York, we are proud to serve clients across Yorkshire, including in Bradford, Hull, Harrogate, Doncaster, and Wakefield. We also act for clients across the wider region and nationally, including in London, Birmingham, Manchester, and Nottingham. Our team regularly advises international clients with estate disputes involving assets or proceedings in England and Wales.
As the leading Contentious Wills and Probate team in Yorkshire, we regularly act for clients across the county and beyond. Our expertise makes use the leading Will Dispute Solicitors for Bradford, Doncaster, & Hull.
We understand how overwhelming these matters can feel. That’s why we take the time to explain your options in plain English, provide ongoing support, and act swiftly to safeguard your interests. Whether you are seeking urgent action or simply need clarity on where you stand, we are here to guide you.
To arrange a confidential consultation with one of our contentious probate specialists, please call us, email us, or complete the enquiry form below. We will respond promptly and are ready to support you
“Lupton Fawcett go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome.”
The Legal 500