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DTM Legal
5/5
350+Reviews
Chester Office: 01244 354 800
Liverpool Office: 0151 321 0000

Contentious Trusts and Probate

Clear, strategic advice to help resolve disputes involving Wills, estates, executors, trustees and inheritance.

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Disagreements following a death can be particularly difficult, combining complex legal and financial issues with sensitive family circumstances. A dispute may arise because there are concerns about the validity of a Will, someone believes they have not been adequately provided for, an executor is not administering an estate properly or beneficiaries disagree about the management of a trust.

DTM Legal advises beneficiaries, executors and other personal representatives, trustees and individuals considering or responding to a claim involving a Will, estate or trust. Our existing Contentious Trusts and Probate practice acts for clients on both sides of these disputes, helping them understand their legal position and determine the most appropriate way to protect their interests.

We recognise that court proceedings are not always the best outcome. Our approach is to establish the facts at an early stage, identify the strength and commercial value of the issues in dispute and explore whether an agreement can be reached. Where litigation is necessary, we can provide strategic representation throughout the court process.

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Contentious Probate and Trust Legal Services

Our team advises on a broad range of disputes concerning Wills, estates and trusts, including:

  • Challenges to the validity of a Will
  • Claims involving concerns about testamentary capacity
  • Disputes concerning undue influence, fraud or whether the person making the Will understood and approved its contents
  • Disputes about whether a Will was properly executed
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Claims by spouses, civil partners, children, dependants and other eligible individuals seeking reasonable financial provision from an estate
  • Disputes between beneficiaries and executors or personal representatives
  • Applications concerning the removal or replacement of executors
  • Disagreements concerning the interpretation of Wills
  • Trust disputes between trustees and beneficiaries
  • Claims concerning breaches of trust or the administration of trust assets
  • Disputes between trustees
  • Advice on entering or responding to probate caveats
  • Negotiation, mediation and settlement of inheritance and estate disputes
  • Court proceedings where an agreement cannot be reached

Why Instruct DTM Legal?

Contentious probate disputes can quickly become expensive if the parties become entrenched or litigation is pursued without first considering the likely value of the outcome. We take a practical approach, looking at the evidence available, the value and composition of the estate, the legal issues involved and what you ultimately want to achieve.

Where possible, we will explore opportunities to resolve the dispute through correspondence, negotiation or another form of dispute resolution. This can provide greater control over the outcome and avoid some of the time, cost and uncertainty associated with contested court proceedings. Where a negotiated solution is not achievable, we can advise on the strength of your position and represent you through formal proceedings.

We provide:

  • Clear advice on the merits and risks of your position
  • Early identification of important deadlines and procedural steps
  • A practical approach focused on the value and objectives of the dispute
  • Advice for beneficiaries, executors, trustees and potential claimants
  • Negotiation and settlement advice where appropriate
  • Robust representation where court proceedings are necessary
  • Experience dealing with disputes involving complex estates and trusts
  • Support from solicitors experienced in both private client matters and litigation

Get in Touch

If you are concerned about a Will, the administration of an estate or the management of a trust, taking advice early can help you understand your position and identify any steps required to protect your interests.

To discuss your requirements, contact us by emailing trustsandestates@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

Key Contact
Head of Business Recovery
DTM Legal
5/5
350+Reviews

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Key Considerations for Anyone Involved in an Estate or Trust Dispute

Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations
DTM Legal
5/5
350+Reviews

Trusts & Estates Team

Richard Thomas, Head of Business Recovery photographed outside DTM Legal in Liverpool
Richard Thomas

Head of Business Recovery
Heather Lally, Partner, Trusts & Estates, Photographed outside DTM Legal in Chester
Heather Lally

Partner, Trusts & Estates
Laura Moore, Solicitor, Trusts & Estates
Laura Moore

Solicitor, Trusts & Estates
Faye Kelshaw, Associate, Trusts & Estates (1)
Faye Kelshaw

Associate, Trusts & Estates
Beth Olumese, Legal Secretary, Trusts & Estates
Beth Olumese

Legal Secretary, Trusts & Estates

Frequently Asked Questions

Commonly asked questions concerning a dispute over a trust or estate.

There are several potential reasons why the validity of a Will may be disputed.

These can include concerns that the Will was not properly signed and witnessed, that the person making it lacked sufficient mental capacity, that they did not know and approve its contents or that the Will resulted from undue influence or fraud. These are expressly recognised within the rules governing contentious probate proceedings.

Simply being unhappy with what you have inherited does not, by itself, mean that the Will is invalid. However, you may have a different type of claim if you were financially dependent upon the deceased or fall within one of the categories covered by the Inheritance (Provision for Family and Dependants) Act 1975.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to ask the court to make financial provision from an estate where the Will, or the intestacy rules where there is no Will, does not make reasonable financial provision for them.

This is different from arguing that a Will itself is invalid. A successful Inheritance Act claim can result in the court making financial orders from the estate without necessarily setting the Will aside.

Strict time considerations apply. An application should ordinarily be made within six months of the date on which representation is first taken out, although the court has discretion to permit claims outside that period.

You should seek legal advice promptly.

Depending on the circumstances, it may be appropriate to enter a caveat with the Probate Registry. A caveat prevents a Grant of Probate being issued while it remains in force, providing an opportunity for the dispute to be investigated.

A caveat should not be entered without proper consideration of the circumstances, as doing so can lead to contested proceedings and legal costs.

Potentially. Difficult relationships or delays will not automatically justify removing an executor, but serious concerns about the administration of an estate may require legal intervention.

These might include conflicts of interest, failure to administer the estate, mishandling assets or a breakdown which makes effective administration impossible. The High Court has statutory powers to appoint a substitute for, or remove, a personal representative.

Before applying to court, it is important to consider the evidence, the seriousness of the problem and whether the issue could be resolved through a less costly approach.

No. Many disputes involving Wills, estates and trusts can be resolved without a final court hearing.

Solicitor negotiations or mediation may enable the parties to reach a settlement which addresses the underlying dispute while avoiding the additional cost, delay and uncertainty of litigation.

However, some matters do require court proceedings, for example, where there is a fundamental disagreement about whether a Will is valid, an executor needs to be removed or the parties cannot agree on an appropriate settlement. If proceedings become necessary, contentious probate claims are governed by the Civil Procedure Rules and can ultimately be determined by the court.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Simon Poole
17/07/2025
Recently used DTM legal for Estate Planning and Will Making. We received a very efficient & professional service. I would highly recommend and use DTM Legal again
Ginny
19/04/2026
Worked with DTM Legal for many years and I would highly recommend. Very friendly and helpful staff, really supportive of my elderly mother during her appointment.
Layla
19/10/2023
Excellent knowledge and superb explanations.

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