Burial disputes in England and Wales: legal rights, remedies and risks
A practical guide to burial disputes, who decides funeral arrangements, court intervention, and the risks for executors.
Read More
Disputes involving a will can be emotionally draining and legally challenging, especially when they arise between close family members or trusted friends. Whether you are questioning the validity of a loved one’s Will, concerned about your inheritance, or defending a claim brought against an estate, we understand how overwhelming the process can be.
At Flint Bishop, our experienced will dispute solicitors provide calm, clear, and practical legal advice tailored to your specific circumstances. With leading experts based in our offices in Derby, Leeds, Sheffield, and York, we are trusted by individuals and families throughout England and Wales to resolve even the most sensitive and complex estate disputes.
As one of the most established contentious estate teams in the region, we prioritise early and cost-effective resolution wherever possible. However, when litigation becomes necessary, we work collaboratively with you to ensure that you are supported throughout this difficult process and that all available options are explored to achieve the best possible outcome to your dispute.
Call us today on 0330 123 9501 or complete the contact form below to speak directly with a member of our Will Disputes team.
Want to speak to us now? Call us on 0330 123 9501.
Will disputes
A will dispute arises when someone questions the validity, the inheritance received (usually lack of it) or interpretation of a will, or objects to how an estate is being managed or distributed. These disputes often involve family members or loved ones, and can surface during a time of grief, making the situation even more distressing.
Will disputes are rarely straightforward. They require careful legal analysis, sensitive handling, and clear advice. At Flint Bishop, we provide practical solutions with the aim of resolving disputes fairly, quickly and, wherever possible, without the need for court proceedings.
Below are some of the most common types of disputes our team has helped their clients with:
Every dispute is unique. Our team offers clear and strategic advice tailored to your individual circumstances, always aiming to resolve matters as swiftly and sensitively as possible.
Will disputes
When facing a Will dispute, having the right legal team on your side can make all the difference. At Flint Bishop, we are proud to be recognised as one of the leading firms for contested wills and inheritance disputes nationally. We provide an expert, sensitive, and supportive approach to all clients we work with throughout England and Wales.
We bring a wealth of focused experience in resolving disputes over wills, trusts, and estates. The team includes members of the Association for Contentions Trusts and Probate Solicitors (ACTAPS). The team are highly regarded for their decisive, practical, and empathetic approach to Will Disputes.
Choosing Flint Bishop means choosing a law firm with the strength, experience, and compassion to support you through some of the most challenging moments of your life.
Will disputes
At Flint Bishop, we understand that clients come to us during difficult and often highly emotional periods in their lives. Our priority is to guide you through the dispute with clarity, care, and a strong focus on achieving the outcome that is right for you.
Whether your case requires sensitive negotiation, formal mediation, or litigation in court, you can be confident that our team will stand by you throughout. We will explain every step in plain language, keep you informed at all times, and act swiftly to move your case forward.
Frequently Asked Questions
Yes, it is still possible to challenge a will after probate has been issued, but timing is important. Certain claims, such as those under the Inheritance (Provision for Family and Dependants) Act 1975, must be brought within six months of the date of the Grant of Probate. Other types of challenges, like claims about the validity of a Will, are not subject to a strict time limit, but it is important to act without delay to preserve evidence and options.
The success of any claim depends on whether you have sufficient grounds to pursue a dispute and the evidence available to support your claim. Common grounds include lack of mental capacity, whether the Testator knew and approved the will contents, undue influence, improper execution, or fraud.
Our team at Flint Bishop will assess your case and give you clear, realistic advice on your prospects from the outset, so you know where you stand before taking any further steps.
Costs vary depending on the complexity of the dispute and whether it can be settled early or proceeds to court. We will discuss funding options with you, including private fees and deferred payment arrangements. Our aim is to resolve matters efficiently and proportionately while protecting your financial position.
If you have been treated unfairly or excluded completely from a will that you believe should have provided a better outcome for you, you may have a valid claim. Most of these have an eligibility requirement, you must be within a category of people who can pursue a will dispute claim. We will provide advice on whether you can pursue a claim at the outset.
We have supported a variety of clients in will disputes, such as:
This is not an exhaustive list, and you may be able to pursue a will dispute if you are eligible and you have sufficient grounds to do so.
This depends on the type of will dispute being brought. For example, claims made under the Inheritance Act 1975, the time limit is six months, which can be extended under exceptional circumstances. It is important to seek legal advice soon as possible to avoid missing your opportunity to bring a will dispute claim.
As a guideline, executors have 12 months from the date of death to conclude the estate administration and make final distributions to beneficiaries. This is not a mandatory deadline and depends on the size and nature of the estate. However, if the executor has failed to progress the administration without reasonable explanation, then the lack of progress can lead to questions surrounding the executors conduct and whether they should be removed.
A reasonable financial provision claim to pursue maintenance (e.g. a cash sum of an interest in an estate asset such as a house) against someone’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. It allows certain people, such as spouses, children, or those financially dependent on the deceased, to seek financial support from an estate if the will or intestacy fails to provide adequately for their needs. Claims must be made within six months of the date of the Grant of Probate.
You can pursue a claim for property that was promised to you by the deceased during their lifetime. There are certain requirements that need to be present in order to succeed in these types of claims and we can advise you on your prospects of success.
Generally speaking, the people defending a will dispute claim are the beneficiaries of the estate. Executors are also parties to these claims and will require separate representation. You should seek legal independent legal advice as soon as possible, particularly if there are deadlines set out in the letter.
Knowledge
Contact Us
We have experienced Will Dispute Solicitors ready to answer your questions and advise you on the next steps. Whether you are considering contesting a Will or defending a claim, early legal advice is crucial in protecting your position and resolving the matter effectively.
We promote early resolution wherever possible but have the experience and strength to represent you robustly in court if required, wherever you are in England and Wales.
Flint Bishop is a Top 200 UK law firm with offices in Derby, Leeds, Sheffield, and York. As a leading contentious wills and probate team, we regularly act for clients across Derbyshire, Yorkshire and beyond. Our expertise makes us the leading will dispute solicitors for Ashbourne, Bradford, Doncaster, & Hull.
We represent national and international clients who are executors, beneficiaries or concerned family members. We understand how stressful and emotional these disputes can be. We offer a professional, clear, and client-focused service to help you make informed decisions at every stage. With a track-record of resolving complex will disputes in Manchester, Nottingham, Birmingham & London, you are assured of the best advice without compromise.
Contact us today to arrange a confidential consultation. You can call or complete our enquiry form. We will respond promptly and are here to help.
On Monday 29 September, Flint Bishop successfully completed the acquisition of the entire business of Lupton Fawcett LLP. You have been forwarded to the page most relevant to your visit.
Please feel free to explore our website and learn more about our legal services and professionals, including those who have recently joined us from Lupton Fawcett.