Our disputed wills lawyers can help you contest or challenge a will or, more importantly, avoid a dispute in the first place. Book your free consultation today.
The right trust arrangement can protect your wealth for future generations. Unfortunately, many people fail to put their affairs in order before they pass away. The result can be that their families fall out over who should inherit what and there can also be questions over the validity of Wills.
Even when careful planning has taken place, things can go wrong. Executors of estates and Trustees of trusts may not carry out their duties correctly or may disagree amongst themselves about how to proceed. Sometimes, court action may be required to resolve disputes. On death, it may become apparent that someone who was supposed to be looking after the deceased’s affairs during their lifetime (the Attorney) wasn't doing so correctly. This can lead to the Executors challenging steps taken by the Attorney.
Our Disputed Wills, Trust and Estates solicitors have vast experience of all these disputes but, more importantly, we know how to avoid them in the first place. Drawing on expertise from across the firm, we aim to resolve issues as smoothly as possible, at what can be a very trying time.
Our expert Will dispute solicitors are based in both England and Wales and Scotland.
Book my free consultationOur disputed wills, trusts and estates services
We serve clients across the UK and internationally from our offices in Birmingham, Cardiff, Glasgow, Leeds, Leicester, Liverpool, London, Manchester, Newcastle and Nottingham
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Why choose Weightmans?
- Ranked in the UK’s leading legal directories, Chambers & Partners and Legal 500.
- Members of the Association of Contentious Trust and Probate Specialists.
- Members of The Association of Lifetime Lawyers.
- Members of The Society of Trust and Estate Practitioners (STEP).
- Members of Resolution.
Funding options
We understand that legal costs can be a worry. Depending on your case, you may be eligible for:
- Fixed fee payments at different stages of your case
- Conditional fee agreements (no win, no fee)
- Third-party litigation funding
We will always provide completely transparent estimates on costs and will be happy to discuss funding options with you during a free consultation.
Accolades
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This practice stands out for its exceptional expertise, innovative approach, and client-centered service. The team is known for being trustworthy, reliable, and highly knowledgeable, always prioritising clients’ best interests. Clients are kept well-informed every step of the way, empowering them with the insight and support needed to make confident, informed decisions.
Legal 500 2026 -
All members of the team are friendly, pragmatic, and extremely live to the sensitive subject matter they are dealing with, which can be a rarity amongst litigators.
Legal 500 2026 -
The lawyers here are really approachable and when this is put alongside their legal expertise, it makes an excellent firm.
Legal 500 2026 -
The team is very good at putting together high-stakes cases and resisting aggression.
Legal 500 2026 -
A full-service law firm which can, for example, draw on the expertise of partners specialising in divorce and trusts.
Legal 500 2025 -
A team of solid lawyers
Legal 500 2025 -
This practice is very personable, and the team that work there are very understanding and are subject matter experts with their remits. You feel safe and can easily trust them through their knowledge specifically around wills, estates and contentious matters. Very good reputation in the north.
Legal 500 2025
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Do I have to go to court?
No, there are a number of options available to the parties to settle any dispute without the need for Court proceedings. We will discuss the best options for your situation with you.
What is mediation and how does mediation work for a disputed wills/probate/Inheritance Act Claim?
Mediation will typically involve the parties attending a meeting, physically or remotely, to try and settle the matter. It would usually include the parties, their instructed legal representatives and an independent third party known as the mediator. There can be an initial joint meeting or the parties can elect to spend the day separately. The mediator will go back and forth between the parties trying to find common ground to settle the dispute and transferring messages/offers of settlement between the parties. Mediations often end successfully with the parties signing a settlement agreement and the matter concluding on the day.
What happens if I don’t agree to go to mediation or if I don’t negotiate?
If a party does refuse to engage in Alternative Dispute Resolution, there can be quite significant consequences. The costs of the proceedings are ultimately within the discretion of the Court. Usually, the losing party will pay the winning party’s costs, though there are some circumstances in which costs can be paid out of the estate.
However, when deciding who is to pay the costs of the proceedings the Court will take into account the conduct of the parties throughout, which will include to what extent they have engaged in ADR. If one party has refused to engage, they may be penalised heavily in costs, paying not only their own costs but also the opponent’s costs, irrespective of whether they win or lose.
Who pays the legal costs?
A will dispute can be settled before proceedings are issued or at any time prior to a final hearing. If the dispute is not settled and the matter proceeds to a final hearing then the court will decide how costs are to be paid. An assessment at court will determine the level of the bill to be paid and who should pay those costs. The normal rules are that the unsuccessful party would pay the successful party’s costs. We would provide you with a detailed costs estimate so that you know how much the legal costs are likely to be from the outset.
In appropriate cases we can work under deferred fee arrangements or conditional fee agreements (no win no fee). We also have good connections with litigation funders who could consider whether they would be prepared to provide funding for your claim. We have full flexibility with our fee structures to make sure that you can choose the most appropriate fee structure that would work for you.
