Barristers — wills and probate.
Specialist direct access counsel for contentious probate, Inheritance Act 1975 claims, testamentary capacity disputes and the administration of estates. Instructed directly under the Bar Standards Board public access scheme.
A direct access barrister specialising in wills and probate is often the most efficient route to resolve a contentious probate dispute, bring or defend an Inheritance Act 1975 claim, or obtain advice on testamentary capacity and undue influence. You instruct a barrister directly under the Bar Standards Board public access scheme, the fees are fixed in writing before work begins, and one specialist takes the matter from initial advice through to settlement or final hearing.
Clerk&Counsel is an independent clerking agency placing direct access probate counsel across England and Wales. We are not chambers in our own right. We are clerks who route instructions to the right access barrister for the case. Every barrister we instruct is regulated by the Bar Standards Board, holds a current practising certificate, carries professional indemnity insurance and has completed the public access course that allows them to take instructions directly from personal representatives, beneficiaries, claimants and defendants in estate disputes.
Please contact our clerks with a summary of the estate, the dispute and any upcoming deadlines. We will come back with shortlisted public access counsel and a fixed fee in writing, usually within 24 to 72 hours.
Send a brief →Wills, probate and estate disputes taken directly.
Contentious probate
Contested probate claims challenging the validity of a will, propounding or defending testamentary documents, and applications for the rectification of wills under section 20 of the Administration of Justice Act 1982.
Testamentary capacity
Claims and defences based on lack of testamentary capacity under the test in Banks v Goodfellow, medical evidence review and expert instruction on cognitive decline and delusions.
Undue influence
Allegations that a will was procured by coercion, fraud or improper pressure, including cases involving family members, carers and attorneys acting under a lasting power of attorney.
Inheritance Act 1975 claims
Applications for reasonable financial provision by spouses, children, cohabitants and dependants under the Inheritance (Provision for Family and Dependants) Act 1975, including mediation and contested hearings.
Professional negligence
Claims against solicitors, will writers and estate planners for negligent drafting, failure to advise on capacity, execution errors and missed tax planning opportunities that diminish the estate.
Trusts of land
Disputes over the ownership and beneficial interests in property held on trust, including TOLATA claims, resulting and constructive trusts and equitable accounting.
Administration of estates
Advice to personal representatives on their duties and powers, applications to pass accounts, and removal or replacement of executors and administrators.
Tax planning
Advisory opinions on inheritance tax mitigation, nil-rate band planning, transferable allowances, deed of variation drafting and estate restructuring for personal representatives.
Contentious work for personal representatives
Advising executors and administrators on their fiduciary duties, conflicts between beneficiaries and the proper construction of testamentary gifts and charitable bequests.
One specialist, one fixed fee.
Probate and estate disputes are well suited to the public access scheme. The issues are typically discrete — the validity of a will, the adequacy of provision under the Inheritance Act 1975, or the proper interpretation of a trust of land — and the procedure is document-heavy rather than process-heavy. A direct access barrister can read the will, the medical records and the estate accounts, advise on the merits in conference, draft the claim or defence, and conduct the hearing. That is precisely the skill set for which barristers are trained.
The traditional model is to instruct a solicitor who runs the file and then briefs counsel. In contentious probate work this often means paying two professionals to review the same bundle of correspondence, medical records and estate accounts. On a public access basis you deal with the barrister directly. The barrister reviews the evidence, advises on testamentary capacity or undue influence, drafts the Part 8 claim or the defence under the Inheritance Act 1975, and appears at the county court or High Court hearing.
What an access barrister cannot do, unless separately authorised to conduct litigation, is issue proceedings in their own name or file documents at court on your behalf. In contentious probate this is rarely a practical obstacle. The barrister drafts the claim form and particulars, tells you exactly what to file and when, and then appears to argue the application. Where a case involves heavy disclosure, multiple defendants or cross-border assets, the clerks will advise up front if a solicitor should also be instructed alongside counsel.
From first contact to fixed fee in 24 to 72 hours.
Please complete the form
A short note of the estate, the dispute, the parties and any deadline such as a caveat expiry or a listed hearing. Attach the will, grant of probate and any correspondence.
Clerks shortlist counsel
We identify public access wills and probate specialists with the right seniority and availability, and confirm a fixed fee for the defined piece of work.
Client care letter
A BSB compliant client care letter sets out the scope, the fee, the timetable and how the barrister and clerks will communicate with you.
Work begins
Fees are paid in advance into the chambers client account, and counsel begins work. You deal with the barrister directly from that point on.
Common questions on public access probate work.
Can I instruct a barrister directly for a wills and probate dispute?
+
Yes. The Bar Standards Board public access scheme allows members of the public to instruct a barrister directly for contentious probate work, Inheritance Act 1975 claims, disputes over testamentary capacity and the administration of estates. You do not need a solicitor to act as an intermediary, although in some complex cases involving multiple personal representatives or cross-jurisdictional assets the barrister may recommend that a solicitor also be instructed to conduct litigation.
What kinds of contentious probate cases can a direct access barrister handle?
+
Public access counsel routinely act in contested probate claims, challenges to the validity of a will on the grounds of lack of testamentary capacity, undue influence or want of knowledge and approval, Inheritance (Provision for Family and Dependants) Act 1975 claims, disputes between personal representatives, claims against estates for professional negligence by a draftsperson, trusts of land and property disputes, and applications to remove or replace executors. The barrister can advise in conference, draft pleadings and witness statements, and appear at court.
How much does a direct access probate barrister cost?
+
Fees are agreed as fixed amounts before any work begins and confirmed in a BSB compliant client care letter. A preliminary advice on the merits of a contentious probate claim typically ranges from £500 to £1,500. Drafting a claim under the Inheritance Act 1975 or a defence to a contested probate action ranges from £750 to £2,500. A one day county court or High Court hearing is usually between £1,500 and £4,500 depending on seniority and complexity. There is no hourly meter and no solicitor mark-up.
What is an Inheritance Act 1975 claim and who can bring one?
+
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of claimant — spouses and civil partners, former spouses who have not remarried, children, cohabitants of at least two years and dependants — to apply to the court for reasonable financial provision from a deceased person's estate if the will or the intestacy rules do not make adequate provision for them. A direct access barrister can assess the strength of the claim, advise on the relevant factors under section 3 of the Act, and represent the claimant or the estate at mediation and at trial.
How do I instruct a probate barrister through Clerk&Counsel?
+
Please contact our clerks with a short summary of the estate, the nature of the dispute, the parties involved and any upcoming deadlines such as a caveat expiry or a directions hearing. Please complete the form on our find counsel page and attach the will, any grant of probate or letters of administration, and correspondence between the parties. The clerks will shortlist suitable contentious probate counsel and confirm a fixed fee in writing, usually within 24 to 72 hours.
Where to go next.
Direct access barristers
The full public access service across employment, family, civil, commercial and property law.
Read more →Direct access civil law
Public access civil counsel for contract, debt, property and County Court work.
Read more →For barristers
Join our panel of access barristers and take public access probate instructions through Clerk&Counsel.
Read more →