Our Services

Estate & Probate
Dispute Resolution

Disputes arising from estates, wills, and trusts are among the most difficult legal matters families face — because they combine legal complexity with family tension, and because the stakes are personal as well as financial. We handle these disputes with the technical precision they require and the sensitivity the circumstances demand.

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Probate & Estate Disputes

When an estate becomes contested, the right advice at the right time makes the difference.

Estate disputes arise for many reasons: wills that are poorly drafted or inadequately witnessed, testamentary capacity that was questionable at the time of signing, undue influence exerted by a person close to the deceased, executors who are not administering the estate properly, beneficiaries whose expectations are not met by the estate accounts, and families whose underlying tensions find legal expression in the administration of a deceased person's affairs.

What makes these disputes particularly difficult is that they rarely involve strangers. They involve people who share a history, a family, and usually a grief — and who must nonetheless navigate a legal dispute at the same time as navigating a bereavement. The legal dimension does not cancel the human dimension; it runs alongside it, and managing both requires judgement as well as legal skill.

"Our approach to estate disputes is to achieve the right result by the most direct route available. That means early assessment of the strengths and weaknesses of the position, honest advice about what litigation will cost and what it is likely to produce, and a genuine commitment to settlement where settlement serves the client's interests."

We advise on the full range of contentious estate matters, including disputes that involve more than one jurisdiction. We also advise on alternative dispute resolution processes, including mediation, and we are direct in our advice about when each is appropriate.

Clients who come to us at an early stage — before a dispute has hardened into entrenched positions — usually achieve better outcomes than those who seek advice only after proceedings have begun. If you have concerns about an estate or a potential dispute, the right time to take advice is now.

Get early advice on your matter
At a Glance
Alternative routes Mediation, negotiated settlement, Tomlin orders
Who we act for Executors, beneficiaries, claimants, trustees
First step Confidential assessment consultation
Related Services Probate & Estate Administration Trusts & Private Client Succession Planning International Estates
Disputes We Handle

The full range of probate, estate, and trust disputes.

Estate disputes take many different forms. Some arise from the terms of the will itself; others from the way administration is being conducted; others from the conduct of trustees or the entitlements of beneficiaries. We advise and act on all of them.

Will Validity Challenges

A will may be challenged on the grounds that the testator lacked testamentary capacity at the time of signing, that it was procured by undue influence, that it was the product of fraud or forgery, or that it was not executed in accordance with the formal requirements that apply to it. We advise both those seeking to challenge a will and those defending one.

Common grounds Testamentary incapacity — dementia, cognitive decline Undue influence by a carer, family member or third party Fraud, forgery or want of knowledge and approval Failure to comply with execution formalities

Inheritance Provision Claims

In some jurisdictions, certain categories of person may apply to court for financial provision from an estate where the will or the intestacy rules do not make adequate provision for them. Whether such claims are available, and on what basis, depends on the applicable law. We advise claimants, and we represent estates and executors where such claims arise.

Who may claim Surviving spouse or civil partner Former spouse (not remarried) Child of the deceased (including adult children) Any person maintained by the deceased immediately before death

Executor & Administrator Disputes

Disputes about the conduct of an executor or administrator — whether they have managed the estate properly, distributed assets correctly, rendered accurate accounts, or acted in the interests of beneficiaries rather than themselves — represent some of the most common contentious estate matters. We advise both beneficiaries seeking to hold estate representatives to account and executors defending challenges to their conduct.

Common disputes Failure to administer the estate within a reasonable time Improper or preferential distribution to certain beneficiaries Failure to render proper estate accounts Executor self-dealing or conflict of interest

Trust Litigation

Disputes between trustees and beneficiaries — whether about the exercise of discretionary powers, the investment of trust assets, the propriety of distributions, or alleged breaches of fiduciary duty — require specialist trust law expertise to advise and litigate effectively. We represent both trustees defending challenges to their conduct and beneficiaries who believe their interests have been improperly handled.

Common trust disputes Breach of fiduciary duty by a trustee Failure to exercise discretion properly Improper investment or loss of trust assets Trustee removal and replacement applications

Beneficiary Conflicts

Disputes between beneficiaries — whether about their relative entitlements under a will, the interpretation of an ambiguous provision, the construction of a trust deed, or competing claims to specific assets — frequently arise when estate administration brings unresolved family tensions into legal focus. These disputes often benefit from early mediation, though we are fully prepared to litigate where necessary.

Common beneficiary disputes Competing interpretations of will provisions Disputes over specific asset entitlement Claims to property outside the estate Resulting and constructive trust claims

Estate Recovery Matters

Some estates are diminished before the deceased person dies — through gifts made under pressure, transfers made without capacity, or assets diverted by a person with access and opportunity. Where estate assets have been improperly removed, we advise on the legal options available to recover them for the estate, including claims for undue influence, lack of capacity, and proprietary remedies in respect of trust assets.

Recovery scenarios Setting aside lifetime gifts made under undue influence Recovery of assets transferred without capacity Claims against those who received estate assets improperly Tracing and proprietary remedies for diverted trust assets
Resolution Pathways

Not every dispute needs to go to court — and most are better resolved without it.

Litigation is expensive, slow, emotionally demanding, and uncertain in its outcome. For estate disputes involving family members, it often causes lasting damage to relationships that no legal outcome can repair. We advise clients on the full range of resolution options available, and we are direct about when each is — and is not — appropriate.

Recommended first step

Negotiated Settlement

Most estate disputes settle before trial — often before proceedings are even issued. Early, direct negotiation between the parties and their advisers, conducted on the basis of honest assessments of the legal position, produces better outcomes for everyone than litigation that runs for months or years before reaching the same place.

Fastest route to resolution Lowest cost to all parties Preserves family relationships where possible Outcome is within the parties' control
Strongly recommended

Mediation

Mediation involves a neutral third-party mediator who assists the parties to reach a settlement. Unlike litigation, the parties retain control of the outcome — the mediator cannot impose a decision. Estate mediation is particularly effective where the dispute has a strong emotional dimension, or where the legal rights of the parties are clear but a negotiated outcome is preferable to a court determination.

Confidential — not part of the court record Flexible outcomes not available from courts High settlement rate in estate matters Significantly lower cost than litigation
Formal process

Court Proceedings

Where a dispute cannot be resolved by negotiation or mediation — because the parties cannot reach agreement, because a legal determination is required for certainty, or because one party is acting in bad faith — court proceedings become necessary. Court procedures for probate and estate matters vary by jurisdiction, and we coordinate with local counsel where proceedings are required.

Definitive legal determination Enforceable court orders available Full range of interim remedies Appropriate where negotiation has failed
Ancillary option

Interim Applications

In some estate disputes, urgent court intervention is required before the substantive proceedings have concluded — to prevent assets being dissipated, to compel an executor to act, to preserve property pending the outcome of a will challenge, or to freeze assets that are at risk of removal from the jurisdiction. We advise on and make interim applications where the circumstances require them.

Asset preservation and freezing orders Injunctions to restrain improper conduct Appointment of receiver or administrator Orders for delivery of accounts

Time limits in estate disputes are real and strictly applied.

Time limits can apply to claims in estate and probate disputes, and they vary by jurisdiction. If you have concerns about an estate, do not wait to take advice — time limits in this area of law can close off options that would otherwise have been available.

Seek advice now
Our Process

How we approach a disputed estate matter from instruction to resolution.

Every estate dispute is different, but the approach we apply is consistent: thorough assessment at the outset, honest advice about prospects and costs, a clear strategy agreed with the client, and determined pursuit of the outcome that best serves the client's interests by the most direct route available.

We do not pursue litigation for its own sake. We pursue it when it is the right course — and we advise clearly when it is not. The number of matters we are able to resolve without issuing proceedings reflects the quality of the early advice we give and the positions we establish on behalf of clients from the outset.

Discuss your matter
Step One

Initial Assessment

We review the available documents — the will, any previous wills, the estate accounts, relevant correspondence, and any medical or other records relevant to the dispute — and give you an honest assessment of the legal position, the prospects of success, and the realistic cost and timeline of the available options.

Step Two

Strategy & Letter of Claim

We agree a strategy with you — whether to approach the matter through direct negotiation, mediation, or litigation — and prepare a detailed letter of claim (or response, if you are the defending party) that sets out the legal basis for your position clearly and establishes the basis for settlement discussions.

Step Three

Negotiation & Mediation

In most cases, we pursue a resolution through without-prejudice negotiation or formal mediation before proceedings are issued. The majority of estate disputes settle at this stage when both parties have legal advice and a clear picture of the risks and costs of litigation. We aim to exhaust these options before recommending that proceedings be commenced.

Step Four (if required)

Court Proceedings

Where negotiation and mediation have not produced a resolution, we issue or defend court proceedings on your behalf. We manage all aspects of the litigation — pleadings, evidence gathering, expert evidence where required, interlocutory applications, and trial preparation — and keep you informed and involved at every stage.

Conclusion

Settlement or Judgment

Whether a matter resolves by negotiated settlement, mediated agreement, or court judgment, we ensure that the outcome is properly documented, that any orders are enforced where necessary, and that you understand what the resolution means in practical terms for the estate and for you.

Who We Act For

We act for every party to an estate dispute — on their own terms.

Estate disputes involve multiple parties with different positions, different interests, and different legal rights. We act for each category of client and advise on the specific legal position relevant to their role in the dispute.

Executors & Administrators

Estate representatives facing a challenge to their conduct, a will validity dispute, or a claim by a disappointed beneficiary need specialist advice to defend their position effectively and protect themselves from personal liability. We act for executors and administrators in all types of contentious estate proceedings.

  • Defence of will validity challenges
  • Response to inheritance provision claims
  • Defence of executor conduct challenges
  • Advice on passing estate accounts through the court
  • Protection against personal liability claims

Beneficiaries

Beneficiaries who are not receiving what they are entitled to — whether because the executor is not acting properly, because the estate accounts do not add up, or because another beneficiary is receiving preferential treatment — have legal remedies available. We advise beneficiaries on their rights and pursue the appropriate course of action on their behalf.

  • Entitlement and rights assessment
  • Challenges to estate accounts
  • Applications for the removal of executors
  • Claims against executors for breach of duty
  • Beneficiary representation in mediation and litigation

Inheritance Provision Claimants

Where a will or the intestacy rules have failed to make adequate provision for a spouse, child, or dependent, that person may in some jurisdictions have a claim, depending on the applicable law. We advise potential claimants on whether a claim may be available, what is realistic, and the time limits that may apply.

  • Assessment of entitlement to bring a claim
  • Advice on the level of provision likely to be awarded
  • Preparation and issue of proceedings within time limits
  • Negotiation and mediation towards settlement
  • Court hearing representation where required

Trustees & Trust Beneficiaries

Trust disputes — whether between trustees and beneficiaries, between beneficiaries, or involving the conduct of a trustee — require the same specialist advice as probate disputes, with the added complexity of the trust deed's terms and the law of equity. We act for both trustees defending challenges and beneficiaries pursuing them.

  • Trustee representation in breach of trust claims
  • Beneficiary challenges to trustee conduct
  • Applications for trustee removal and replacement
  • Trust deed interpretation disputes
  • Remedies for breach of fiduciary duty
Our Representation

Technical expertise and strategic clarity — throughout a matter, not just at the start.

Estate litigation requires a particular combination of skills. The law of wills, trusts, and succession is technical and detailed. The evidence — often involving medical records, correspondence, witness accounts of events that occurred years before the dispute — requires careful marshalling. The procedure is specific to the Probate jurisdiction. And the strategy must account for both the legal merits and the human dynamics of the parties involved.

We bring all of these together in a coherent approach: thorough on the documents and the law, clear on the strategy, direct in advice about costs and risks, and genuinely committed to achieving the client's objective rather than managing a litigation file. Our clients are kept informed throughout, not just at the beginning and end.

We also bring counsel into matters where the complexity or value of the proceedings justifies it, and we work with barristers who have specific expertise in contentious probate and trust law. We select those counsel carefully, on the basis of genuine expertise rather than familiarity or convenience.

Rigorous Case Assessment

We assess the merits of every matter thoroughly before advising on next steps. An honest assessment of the strengths and weaknesses of the position — including the evidence that is available and the evidence that is not — is the foundation of sound strategic advice. We do not overstate prospects to secure instructions.

Costs Transparency

Estate litigation can be expensive, and the costs are not always recovered even by the winning party. We provide realistic cost estimates at the outset and keep clients informed if the position changes. We also advise on costs considerations that affect strategy — including the implications of without-prejudice offers and the risk of adverse costs orders.

Settlement Focus

We pursue settlement where it serves the client's interests — which in most estate disputes, it does. A negotiated resolution is faster, cheaper, more certain, and less damaging to family relationships than a court judgment. We advise on the terms of any settlement offer carefully and are clear when an offer is reasonable and when it is not.

Expert Evidence Management

Many estate disputes turn on expert evidence — medical evidence about capacity, handwriting evidence in forgery cases, or valuation evidence about the composition of the estate. We work with experienced experts in the relevant disciplines and manage the expert evidence process efficiently, ensuring that expert evidence is properly prepared and effectively presented.

Frequently Asked Questions

Common questions about estate and probate disputes.

How do I challenge a will I believe is invalid?
The first step is to obtain a copy of the will and any earlier wills, gather whatever evidence is available about the circumstances in which it was made, and take legal advice on whether the grounds for challenge are sufficient to justify proceedings. Common grounds for challenging a will include lack of testamentary capacity, undue influence, fraud or forgery, and failure to comply with formal execution requirements. Whether and how a will can be challenged, and what steps are available to protect a position while the matter is investigated, depend on the applicable law and the jurisdiction in which the estate is administered.
What is a caveat and when should one be entered?
Some jurisdictions allow a person to lodge a formal notice that prevents a grant of probate or administration from being issued without notice to them. Whether such a mechanism exists, how it operates and how long it lasts depend on the jurisdiction. If you think you may need to act before a grant is issued, take advice promptly on the position where the estate is being administered.
I am a dependant who was not provided for in the will. What can I do?
In some jurisdictions, certain categories of person — which can include a spouse, former spouse, child, or person maintained by the deceased — may apply to court for provision from an estate. Whether you are eligible, the factors a court considers and the time limits that apply depend on the applicable law, so timing matters. We can advise on whether your circumstances may support a claim and coordinate with local counsel where needed.
The executor is not providing estate accounts. What are my rights as a beneficiary?
As a beneficiary, you have a legal right to proper estate accounts that show all assets collected, all liabilities paid, and the calculation of the amount due to you. If an executor refuses to provide accounts, or provides accounts that are inadequate or inaccurate, you have several options: you can make a formal demand in writing; you can apply to the court for an order that the executor pass their accounts through the court (a process called "passing of accounts"); and in serious cases of misconduct, you can apply for the removal of the executor and the appointment of a replacement. We advise beneficiaries on which course is appropriate given the specific circumstances and how to pursue it effectively.
Who pays the costs of estate litigation?
Costs rules differ between jurisdictions. In many systems the unsuccessful party is ordered to pay some or all of the other side’s costs, but courts often have discretion and, in estate matters, may in some circumstances order costs to be paid from the estate. Outcomes depend on the jurisdiction and on the conduct of the parties. We discuss likely costs exposure with you at the outset and at each stage.
Is mediation compulsory in estate disputes?
Whether mediation is required or encouraged differs between jurisdictions and courts. In practice it is often worth considering seriously: parties may be willing to reach a compromise they would not accept if it were imposed by a court, and the emotional and relational dimensions of estate disputes are often better addressed in a confidential setting. We advise on when mediation is appropriate and on the consequences of declining it in the relevant forum.
Concerned about an estate dispute?

Early advice changes outcomes. Time limits in estate disputes are strict.

Whether you are considering challenging a will, have concerns about an executor's conduct, or are facing a claim against an estate you are administering, our solicitors are available for a confidential initial assessment. We will give you a direct view of the position and what your options are.

Book an assessment
Speak with a Solicitor

If you have concerns about an estate — act before the position hardens.

Estate disputes that are addressed early are almost always resolved more quickly, at lower cost, and with less damage to family relationships than those where advice is sought only after proceedings have been issued. If you have any concern about a will, an estate, or a trust — however preliminary that concern may be — an initial consultation will tell you whether it merits further action.

✓ Confidential initial assessment
✓ Honest advice on prospects and costs from the outset
✓ Senior solicitor on every contentious matter

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Contact details: For general enquiries: info@xandorilegal.com or +855 97 837 7400