Contested Probate

Morr & Co LLP|Dispute Resolution for Individuals|Contested Probate

Inheritance disputes. Expert guidance.

When inheritance disputes arise, you need more than legal expertise – you need understanding guidance that puts your interests first.

Losing someone close brings emotional and practical challenges that can feel overwhelming. Our award-winning Contentious Trusts and Probate team brings many years of experience to help resolve inheritance disputes with sensitivity and clarity.

We understand that each situation is unique, which is why we take time to listen and develop practical solutions tailored to your circumstances.

Our team’s key areas of expertise include:

Resolving contested wills with sensitivity and discretion
Managing intestacy cases when no will exists
Protecting vulnerable individuals from undue influence
Ensuring fair distribution of estates
Mediating family disputes over inheritance

Our approach combines deep legal knowledge with genuine understanding, ensuring you have the support and guidance needed during this difficult time.

As winners of Best Contentious Probate Provider at The Probate Industry Awards 2024, we bring recognised expertise to every case.

More importantly, we bring a personal approach that puts your needs first, replacing uncertainty with clear guidance and support.

Get in touch

Contact

Kellie Williams-Jauvel

Partner, Head of Department

Dispute Resolution

020 8971 1031

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Winners of 'Best Contentious Probate Provider' at The Probate Industry Awards 2024

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An overview of our services

Below is a brief overview of several of the ways in which the Morr & Co team can support you and your family.

The administration of estates, trusts and their assets

This includes the following:

Claims by and against executors
Executors performing poorly
Claims involving agreements made prior to death regarding property
Businesses and unusual assets

In every bereavement, the hope is that the Will and distribution of the estate can be dealt with efficiently, respectfully and in accordance with the deceased’s wishes.

However, sometimes there are problems with how the Will was written and recorded, conflicting claims or prior agreements or issues with the performance of the executors.

When disputes do arise, we aim to conclude your case as quickly and amicably as possible. We deal with these matters sensitively and discreetly, wherever possible, pursuing a solution that does not involve the cost and delay of courts.

Our team is led by Kellie Williams-Jauvel, who is an ACTAPS (The Association of Contentious Trust and Probate Specialists) accredited litigator.

Challenges to Wills

Validity of Wills
Rectification of errors in Wills
Mutual Wills
Secret trusts
Claims regarding lack of mental capacity
Ambiguous, home-made, and unqualified ‘will-writer’ prepared wills
Promises made by the deceased about property and finances that have influenced an individual’s expectations and life decisions

Following a bereavement, the hope is always that the Will has be written and witnessed properly and that the estate can be distributed quickly and efficiently.

However, there are times when this is not the case and a challenge is made to the Will,. This could be by, or on behalf, of a person who is named as a beneficiary or someone who is not, but feels they should be, or someone who questions the circumstances in which the Will was made.

You can challenge a Will on a variety of legal grounds, including:

Technicalities – Sometimes a Will is incorrectly prepared or witnessed. In this case, the Will is usually deemed to be totally invalid and the estate is administered as if there is no Will in existence.
Lack of mental capacity – In some cases, a person who has drawn up a Will is considered not to be mentally capable enough for it to be valid. Instances where this might apply include:
- When an elderly person is suffering from dementia or Alzheimer’s disease to the point where their faculties are impaired
- Where a person is taking strong prescription medication
- Is dealing with substance abuse (drugs or alcohol)

In these cases, the individual may not have the capacity to make a will, or, if it has already been prepared, to fully comprehend what they are signing. The individual may not recognise this lack of capacity and the issue may only come to light after they have died.

Lack of knowledge or approval – It can be the case that a testator (someone who has made a Will), does not know and/or understand the nature of the Will that has been signed
Undue influence – Sometimes family members may pressure or coerce an individual making a Will to make provision in their favour or someone else’s. A Will can be rendered invalid on this ground

There are other circumstances in which you may wish to make representation against the estate of a deceased relative or friend. These include:

Promises that may have been made during life and on which you have made significant, life-influencing decisions. You may for example have been promised ownership of the house in which you are living and therefore elected not to buy or save for another, only to find that the Will makes no such provision and that the estate does not intend to honour the promise
Or you may have been promised a sum of money and advised not to save for a pension, only to find that the estate has other plans. The technical terms for this is Proprietary and Promissory Estoppel

Our Dispute Resolution team has extensive experience dealing with such issues and will try to find a solution as quickly and discreetly as possible.

Our experienced lawyers are members of Resolution and the Society of Trust and Estate Practitioners (STEP), both of which are specialist professional bodies that apply to these matters.

Inheritance Act claims

Inheritance Act claims can be brought by individuals who feel that a Will makes inadequate financial provision for them. You can bring a claim in a number of circumstances:

Whether or not there is a Will in existence
By a current or former husband, wife or same-sex civil partner
By a cohabitee of more than two years
By an adult or minor child of the deceased or other dependents

Calculating the value of a claim can be complex and will consider several elements, including the needs of the claimant, the needs of other beneficiaries and the size and nature of the estate.

Applications to the Court of Protection

Statutory Wills – for those who lack mental capacity
Regulation of the action of Attorneys
Applications to deal with a patient’s assets

In some circumstances an individual may be unable to record a Will satisfactorily. They may lack mental capacity or be too ill. In these cases, it is vital that anyone involved in shaping their Will is acting in their best interests and with respect for their likely wishes.

At Morr & Co, we have extensive experience of advising on these matters and of representing vulnerable individuals. We will act to preserve their interests and wellbeing and, where necessary, protect them from financial abuse.

We are also panel lawyers for the Court of Protection and several members of our team are appointed to act as deputy for vulnerable adults, whereby they can take control of a person’s affairs, when relatives are unable or unsuitable to do so on their behalf.

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Kellie Williams-Jauvel

Partner, Head of Department

Dispute Resolution

Katie Woodcock

Senior Associate Solicitor

Dispute Resolution

Woodrow Cox

Solicitor

Dispute Resolution

Harriet Greener

Solicitor

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view full team

What our clients say:

“If you're looking for a Solicitor who is professional, approachable and truly exceptional, we cannot recommend Katie highly enough. She is a credit to her profession and a lifeline to anyone in need of expert legal assistance. ”

Recent Contested Probate Client

“Very thorough and professional in their approach. Explaining everything to me in terms I could easily understand and were always responsive when I had questions outside of our meetings. Plus incredibly proactive on their follow-up. ”

Recent Dispute Resolution Client

“Absolutely fantastic. Very efficient, concise and transparent service - if only all Solicitors were like this. Kellie and her team are a credit to Morr & Co - I cannot recommend her services highly enough!”

Recent Dispute Resolution Client

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Contact our lawyers

Please fill out the form below and one of our team will get back to you as soon as we can.

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Sorry, we do not provide criminal law advice.

You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.

Sorry, we do not provide advice on consumer disputes.

You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.

Sorry, we do not provide advice on benefits related disputes.

You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.

Please note that we are currently only providing this service to our existing clients.

Please select from one of the below options to describe you property dispute further

You should bear in mind that if your dispute is valued at less than £10,000 you will not be able to recover your legal fees from your opponent.

You may wish to consider consulting the Citizens Advice Bureau or your local Law Centre as an alternative.

Please confirm the value of the debt that you wish to recover?

In order to enable us to give you an accurate estimate of our likely costs to advise you, we will need to review the key documents. As a guide, our costs for reviewing the key documents and giving you initial advice are likely to be in the region of £1,750+VAT.

Before we can confirm whether we are able to act for you, we need to carry out a conflict check to make sure that we have not previously acted for your opponent.

Assuming our conflict check is clear, we will contact you to arrange a time for you to speak to one of our solicitors. Please can you confirm that you still wish to proceed with this enquiry. * Confirm and proceed Cancel enquiry

Our fees for debt recovery work typically start at £1,750 + VAT, so it is unlikely that we would be able to help you on this occasion. You may wish to contact the Citizens Advice Bureau or your local law centre, who may be able to help resolve your issue.

We are sorry that we are not able to help you on this occasion.

You may wish to contact the Citizens Advice Bureau or your local law centre, who may be able to help resolve your issue.

If your claim relates to an incident that took place more than 4 years ago, you may not be able to bring a claim unless you were under 18 years old at the time. Confirm and proceed Cancel enquiry

We are sorry, but it is unlikely that we are able to help you with your claim on this occasion.

You may wish to contact the Citizens Advice Bureau or your local law centre, who will be able to help you find support.

Please provide further details of your enquiry below. *

Contested Probate

Inheritance disputes. Expert guidance.

Contact

On this page

Winners of 'Best Contentious Probate Provider' at The Probate Industry Awards 2024

An overview of our services

The administration of estates, trusts and their assets

Challenges to Wills

Inheritance Act claims

Applications to the Court of Protection

Related services

Estate Administration

Private Client

Intestacy

Powers of Attorney

Contested Trusts & Probate team

Kellie Williams-Jauvel

Katie Woodcock

Woodrow Cox

Harriet Greener

What our clients say:

Recent Contested Probate Client

Recent Dispute Resolution Client

Recent Dispute Resolution Client

Related insights

Funeral disputes: key takeaways from Patel v Patel

Hirachand-v-Hirachand: Supreme Court judgment

Family business: avoid probate litigation

Morr & Co: shortlisted at British Wills & Probate Awards 2024

Perspectives

Other services

Dispute Resolution for Individuals

Family Law

Private Client

Residential Property

Contact our lawyers