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Contentious Trust and Probate

Resolving inheritance and trust disputes with clarity and care.

Disputes over wills and trusts inevitably arrive alongside grief, strained relationships and real concern about what is going to happen. Executors may struggle with complex estates; beneficiaries may doubt capacity or suspect wrongdoing. Inheritance disputes can feel both personal and overwhelming.  

Our team focuses exclusively on contentious trusts and probate work, and is a recognised referral point for solicitors across the South who need specialist input for their clients. We combine thorough document analysis with strategic litigation and dispute resolution skills, drawing on our significant experience in wills, trusts and inheritance disputes. That niche practice means we spot pressure points early, set realistic expectations on costs and outcomes, aiming for the best result for our client while trying to limit further damage to relationships.

The process begins with a calm fact-finding call or meeting – where we gather the background information, clarify objectives and outline immediate options. The initial steps are usually investigative, while we seek evidence from third parties, such as medical records and the will drafter’s file. We are then better placed to advise on the merits of the client’s position, bringing in counsel to advise at this early stage as necessary.  

If appropriate, we may recommend negotiation, formal mediation or court action, pairing each step with transparent budgets and timelines. Throughout, you will deal with lawyers who balance firm advice with measured empathy to enable you to be clear where you stand, move closer towards resolution and, where possible, restore dialogue.  

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Early factfinding and transparent costs keep you in control 

Once you contact us, we typically arrange a focused phone or online call within a few days. This first conversation often feels like an emotional release for clients, who may be reeling from grief, disbelief and confusion about the will, estate, or trust in question. 

We will then ask for any relevant documents from you - such as the will and details of the estate assets if available - so that we can start to form a clear, evidence-based picture. At each stage, we will let you know what we are doing and why, ensuring you feel supported and informed as we discuss next steps.  

Specialist insight across will, trust and executor conflicts  

Contentious trust and probate matters take many forms. Common issues include:  

Will validity challenges  

Clients may question, for example, whether a will has been properly made or if the testator lacked capacity to make a will.   

Claims under the Inheritance (Provision for Family & Dependents) Act 1975 

A potential claim may arise under the ‘1975 Act’, where an individual has been left out of a will or has been inadequately provided for.  

Executor/beneficiary conflicts  

Disagreements can arise over distribution of assets or how the estate is being handled.  

Trust administration concerns  

Trustees or beneficiaries sometimes clash over how a trust is administered, how assets are managed and how the trustees are exercising their powers.  

Our dedicated focus on this area of law means we can address each of these issues with technical precision and empathy.   

Realistic budgets reviewed regularly to avoid surprises 

We appreciate that funding a legal dispute can feel daunting, especially when you are unsure of the final outcome. At the start, we will provide an estimate and information on costs and how long the process might take. 

With most disputes it is almost impossible to say at the outset how much the costs are likely to be overall, as there are so many variable factors which will have an impact. For that reason, we will revisit costs levels on a regular basis. We also address the practical likelihood of recovering costs if you succeed. By keeping you fully updated on costs and progress, you remain informed and in control.  

A selection of case studies

Will Validity Investigation Secured Family Resolution

Following concerns over a COVID-era will, we were instructed to investigate its validity. We obtained the solicitor’s will file, reviewed medical evidence, and interviewed witnesses to assess capacity and undue influence. Our calm, methodical approach reassured a distressed client who hoped to avoid escalating a breakdown with their sibling. Mediation followed. Through carefully structured dialogue, we resolved the dispute and preserved family ties. The result: legal clarity without litigation, and a path forward for a grieving family that prioritised both truth and reconciliation.  

Talk about Contentious Trust and Probate

Family Inheritance Dispute Settled After Strategic Intervention  

Family sitting around a dinner table

When a large estate became mired in deadlocked negotiations, we stepped in to reset the course. The family had been locked in a stalemate for years, with multiple parties, strained relationships, and little cooperation from executors. We secured overdue financial disclosure, imposed clear timelines, and pushed firmly for mediation. Our intervention broke the impasse, leading to a fair negotiated outcome. The result: a settlement that avoided court, restored communication channels, and allowed the family to move forward – both legally and emotionally.  

Trust Administration Challenge Resolved Through Negotiation  

Trust Administration

We acted for beneficiaries concerned that a trust had been mismanaged over many years. Financial transparency was limited, and proper records hadn’t been kept. Our review uncovered key accounting gaps and inconsistencies. Rather than proceeding directly to court, we advised a structured negotiation approach. This secured a revised set of accounts, a financial contribution from the trustees, and improved communication protocols going forward. The beneficiaries gained closure and restitution – without the strain, cost, or family damage that court action would have caused.  

Family Inheritance Dispute Settled After Strategic Intervention  

Family sitting around a dinner table

When a large estate became mired in deadlocked negotiations, we stepped in to reset the course. The family had been locked in a stalemate for years, with multiple parties, strained relationships, and little cooperation from executors. We secured overdue financial disclosure, imposed clear timelines, and pushed firmly for mediation. Our intervention broke the impasse, leading to a fair negotiated outcome. The result: a settlement that avoided court, restored communication channels, and allowed the family to move forward – both legally and emotionally.  

Trust Administration Challenge Resolved Through Negotiation  

Trust Administration

We acted for beneficiaries concerned that a trust had been mismanaged over many years. Financial transparency was limited, and proper records hadn’t been kept. Our review uncovered key accounting gaps and inconsistencies. Rather than proceeding directly to court, we advised a structured negotiation approach. This secured a revised set of accounts, a financial contribution from the trustees, and improved communication protocols going forward. The beneficiaries gained closure and restitution – without the strain, cost, or family damage that court action would have caused.  

Experience & Expertise

Our team specialises in resolving sensitive disputes over wills, estates and trusts. With experience acting for executors, beneficiaries and trustees, we handle matters ranging from Inheritance Act claims and disputed wills, through to trust disputes and concerns about lifetime transactions. Clients turn to us for discreet, firm advice that brings clarity to emotionally charged and often complex situations.  

We understand that contentious situations can feel overwhelming and all-consuming. Our approach balances technical expertise with genuine empathy, creating a process where you feel both supported and informed. This balanced handling of both legal and personal elements helps clients move forward with confidence during what is often a challenging and uncertain time.

Key Contacts

Louise Maidment
Louise Maidment
Partner and Head of
Contentious Trust and Probate Team
01202 099 099 Email Louise
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Dispute Resolution Estate Planning and Tax Wills, Trusts and Probate
Trust and Probate Solicitor
"I always receive thoughtful, considerate and relevant advice..."

All of my dealings are with Louise from whom I always receive thoughtful, considerate and relevant advice that, importantly, doesn't overcomplicate the matter at hand. Progress is always the desired outcome from any of our interactions, which fills me with confidence that we are working at the same pace and with the same goal in mind.

LEGAL 500 CLIENT
"I would advise anyone that Louise is most certainly
the solicitor you want..."

I came to Louise with an issue with my late husband's estate which had turned contentious with another party.

Louise was amazing, she reassured me immediately from our first phone call and explained everything and since then has been completely vigilant and defended my position with the estate. She has been very understanding throughout the process and been extremely kind and patient in accommodating my grief. 

The approach Louise took to combating the contention with the estate has made things significantly less stressful and in following her advice I have been saved a lot of potential loss from the estate and in that, I have been saved a boatload of stress. Since I have been under the advice of Louise, thanks to her correspondence with the other party and all her hard work, they have withdrawn their claims significantly. I have been able to sit back and take a breath without that pressure over my head. 

I would advise anyone that Louise is most certainly the solicitor you want, not just for her hard work which is completely amazing, but for her kindness and support. She is a solicitor that goes all the way for her client, a hundred and ten percent.

CONTENTIOUS TRUST AND PROBATE CLIENT
"They have excellent knowledge of the sector..."

A professional team who managed to strike the right balance between having a clear focus on the work at hand, with a kind and genuine desire to help resolve issues. They have excellent knowledge of the sector, and I am confident that we are receiving the most up-to-date support and guidance. Would highly recommend.

CONTENTIOUS TRUST AND PROBATE CLIENT
"I would recommend Louise without hesitation to clients or other solicitors needing advice..."

I was one of two executors dealing with the administration of a client’s extensive and valuable estate in a professional capacity.

We were nearing the end of a very long administration period and had paid all the legacies within about 18 months after her death, apart from one large legacy to an educational institution overseas.  Despite persistent efforts to obtain bank account details from the institution over several years, the details were not forthcoming and responses from the institution were very intermittent and unhelpful.  Until we were able to pay over the legacy and interest due on it, we could not wind up the estate or even ascertain the precise value of the residue which was to be applied for general charitable purposes. 

We instructed Louise Maidment, with whom I had worked on other matters before. Without Louise’s advice and assistance, I have little doubt we would still be waiting for the legatee’s bank details, and we would not have been able to make final distributions of residue and complete the winding up of the estate. Louise was knowledgeable, responsive, and practical throughout. We valued not only her expertise and professional manner, but also her ability to help us balance the various options to the estate (and costs involved) against our need to resolve the issue caused by this beneficiary so that we could release the final balance of residue held to chosen charities. 

I would recommend Louise without hesitation to clients or other solicitors needing advice on any contentious probate or capacity issues. Louise was knowledgeable, responsive, practical and professional throughout.

CONTENTIOUS TRUST AND PROBATE CLIENT