Contentious probate barristers.
Specialist counsel for will disputes, contested probate, executor removal, rectification claims and Inheritance Act claims. Fixed fees agreed in writing. Direct access accepted where suitable.
Contentious probate is one of the most emotionally loaded areas of civil litigation. The parties are almost always family members. The subject matter is almost always what one of them chose to do, or was allegedly persuaded to do, in the last months of their life. The evidence sits in medical records, drafting solicitors files, WhatsApp threads and the memories of relatives whose accounts of the same event rarely agree. The right barrister on a contentious probate case is one who has run these arguments in the Chancery Division and Business and Property Courts many times, knows the reported authorities on capacity and undue influence, and is realistic with the client about what the case is actually worth.
Clerk&Counsel places BSB-registered contentious probate counsel on cases across England and Wales, including many Legal 500 ranked specialists in the Chancery bar. We work with solicitors of every size and directly with clients under the Public Access scheme where the matter is suitable for direct access, including on Larke v Nugus requests, caveat applications, mediations and Inheritance Act pre-action work.
We do not charge clients for using our service. Our fees are paid by the barrister as a percentage of their fee for sourcing and onboarding the client and carrying out admin work on the case. Clients are never obliged to instruct the barrister we introduce and are encouraged to compare counsel before deciding.
What contentious probate counsel cover.
The instructions we route to specialist counsel include:
- Challenges to the validity of a will on the grounds of lack of testamentary capacity, want of knowledge and approval, undue influence, fraud or forgery, or improper execution under section 9 of the Wills Act 1837.
- Larke v Nugus requests to the drafting solicitor and applications to lodge, warn off or extend caveats.
- Probate actions in the Chancery Division and Business and Property Courts.
- Rectification claims under section 20 of the Administration of Justice Act 1982 and construction summonses on unclear wills.
- Removal and substitution of executors and administrators under section 50 of the Administration of Justice Act 1985.
- Beddoe applications for personal representatives seeking directions about hostile litigation.
- Proprietary estoppel claims, mutual wills, secret trusts and testamentary contract claims.
- Inheritance (Provision for Family and Dependants) Act 1975 claims by spouses, cohabitees, adult children and dependants.
- Trust of Land and Appointment of Trustees Act 1996 claims arising out of jointly owned property in an estate.
- Disputes about lifetime gifts, deathbed gifts (donatio mortis causa) and the beneficial ownership of jointly held bank accounts.
Challenges to the validity of a will.
The most common validity challenge is lack of testamentary capacity under the Banks v Goodfellow test: the testator must have understood the nature of the act of making a will, the extent of their property, the claims to which they ought to give effect and must not be affected by a disorder of mind that perverts their sense of what is right. Where the testator was elderly, on end-of-life medication or diagnosed with dementia, the capacity question is often the central battleground.
Undue influence is the second major head. English law sets a high bar: the challenger must show actual coercion overbearing the testator's free will. Suspicion, opportunity and even active persuasion are not enough. The evidence is almost always circumstantial and the case usually turns on the medical records, the drafting solicitor's attendance notes and the surrounding family dynamics.
Want of knowledge and approval, fraud, forgery and improper execution round out the standard validity toolkit. Counsel will advise realistically on which grounds are arguable on the evidence and on which are better dropped early to focus resources on the winnable arguments.
Reasonable financial provision claims.
Where the will is valid but the applicant has been left out or inadequately provided for, the Inheritance (Provision for Family and Dependants) Act 1975 provides a statutory claim for reasonable financial provision from the estate. The categories of eligible applicant are wide, and the court has broad remedial powers: lump sums, periodical payments, property transfers and, in appropriate cases, orders unwinding lifetime gifts made to defeat the claim.
The strict deadline is six months from the grant of probate or letters of administration. It can be extended, but only with the court's permission, and delay materially weakens the claim. If you think you may have an Inheritance Act claim, get counsel involved before the six-month deadline expires so that a protective letter of claim, a standstill agreement or a protective issue can be put in place.
Briefing us on a contentious probate case.
When you brief us on contentious probate, we:
- Run conflict checks against the deceased, the estate, the executors and any other beneficiaries.
- Read the will, the grant, the medical records and the drafting solicitor file where available.
- Shortlist Chancery counsel with the right experience for the specific claim, including Legal 500 ranked specialists where the case warrants it.
- Confirm fixed fees for the initial advice, any letter of claim, mediation attendance and, in due course, brief and refresher fees for hearings.
- Handle Public Access client care paperwork digitally.
Specialist areas within this practice.
- Probate dispute barrister
General probate dispute counsel and hub page.
- Inheritance Act claim barristers
Reasonable financial provision claims under the 1975 Act.
- Trust dispute barristers
Trust disputes, breach of trust and beneficiary claims.
- Wills and probate barristers
Non-contentious wills, probate and estate administration counsel.
Contested will or estate dispute on your desk?
Send a short brief with the deceased's name, the date of the grant if issued, and an outline of the dispute. A clerk will come back with shortlisted counsel and fixed fees.
Common questions.
What is contentious probate?
Contentious probate is the branch of civil litigation dealing with disputes about wills, estates and the administration of estates. The main categories are: challenges to the validity of a will (lack of testamentary capacity, want of knowledge and approval, undue influence, fraud, forgery, improper execution), rectification and construction claims, disputes about the appointment or conduct of executors and administrators, disputes between beneficiaries, claims by disappointed beneficiaries (proprietary estoppel, mutual wills, secret trusts) and claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
What is the success rate of contesting a will in the UK?
There is no reliable single figure, but the working answer is that a well-founded challenge, brought on evidence, settles or succeeds in a majority of cases. Weak challenges, brought without evidence of capacity issues, undue influence or execution problems, generally fail. The critical work is early: obtaining the drafting solicitor's file, the medical records and the witness evidence, and getting an honest early view from counsel on whether the challenge is realistically arguable.
How much does it cost to contest a will?
Costs depend heavily on how contested the case is and how early it settles. A caveat and a Larke v Nugus request typically costs a few thousand pounds. Full-blown probate litigation, with a challenge to capacity, expert medical evidence and a five-day trial, is a six-figure exercise on each side. Most cases settle at mediation or at a directions hearing before trial. Counsel fees are fixed and agreed in writing for each piece of work.
Can I contest a will on a no win no fee basis?
Some solicitors offer conditional fee agreements or damages-based agreements on inheritance disputes and Inheritance Act claims. Whether that is available depends on the strength of the case and the size of the potential recovery. The counsel we place will act on private paying instructions and, where appropriate, alongside a solicitor operating on a conditional fee basis.
What is the deadline for contesting a will or bringing an Inheritance Act claim?
There is no absolute deadline for challenging the validity of a will, but delay makes practical enforcement much harder once the estate has been distributed. Inheritance Act claims have a strict deadline of six months from the grant of probate or letters of administration, extendable only with the court's permission. If you think you may have a claim, get counsel involved before the six-month deadline expires.
Do you handle claims by cohabitees, adult children and grandchildren?
Yes. Inheritance Act claims can be brought by spouses and civil partners, former spouses who have not remarried, cohabitees who lived with the deceased for at least two years, children of the deceased including adult children, anyone treated by the deceased as a child of the family, and any person who was being maintained by the deceased immediately before death. Grandchildren can claim under the maintenance limb where relevant.