Contentious Probate Solicitors in Bristol & Somerset

 

When someone close to you has died, and the will, the estate, or the way it is being handled does not seem right, you need clear advice quickly.

Our contentious probate solicitors act for people across Bristol and Somerset who are contesting a Will, challenging how an estate is being administered, or defending a claim brought against an estate. We handle these disputes sensitively, explain your options in plain English, and tell you honestly whether you have a case worth pursuing.

Book your free initial consultation

Probate disputes are rarely just about money. They often involve family relationships, a recent bereavement, and a sense that someone has not been treated fairly.

We give you a straight assessment at the outset: the strength of your position, the likely cost, the realistic outcomes, and whether the matter can be resolved without going to court. Most disputes we handle are settled through negotiation or mediation rather than a contested trial, which usually keeps costs down and resolves things faster.

To book a free initial consultation with our specialist contentious probate solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today.

You can use the contact details for each office or fill in our enquiry form to request a call back.

Contesting a Will and other probate disputes we resolve

We advise both people bringing a claim and executors or beneficiaries defending one. The main types of dispute we handle are set out below.

Contesting a Will (disputed and invalid Wills)

A Will can be challenged where there is reason to believe it does not reflect what the person who made it genuinely wanted, or was not made correctly. The usual grounds for contesting a Will are:

  • Lack of testamentary capacity: the person did not have the mental capacity to understand and approve the Will when it was made.
  • Lack of valid execution: the Will was not signed and witnessed correctly.
  • Lack of knowledge and approval: the person did not know of or approve the contents of the Will.
  • Undue influence: the person was pressured or coerced into making or changing the Will.
  • Fraud or forgery: the will, or a signature on it, is not genuine.

If you believe a Will is invalid, act promptly. Once an estate has been distributed, it is far harder, and sometimes impossible, to recover what has been paid out. We can apply to enter a caveat to pause the grant of probate while the position is investigated.

Trust disputes

Disputes can arise over how a trust is run, whether a trustee has acted properly, or how trust assets should be distributed. We act for beneficiaries who believe a trustee is in breach of their duties, and for trustees who need to defend their position or seek the court's directions. This includes disagreements over family trusts, life-interest trusts, and trusts created under a Will.

Executor and estate administration disputes

Where an executor or administrator is failing to act, acting too slowly, or appears to be acting in their own interests rather than the beneficiaries', we can help. We advise on requiring an executor to account for their handling of the estate, removing and replacing an executor, and resolving disagreements between co-executors. We also act for executors who are being unfairly criticised and need to demonstrate that they have administered the estate correctly.

If your dispute is about a straightforward estate that simply needs administering, our probate and estate administration team can help with that separately.

Lifetime transaction and financial abuse disputes

Sometimes the issue is not the Will itself but gifts, property transfers, or withdrawals made during the person's lifetime, particularly where they were elderly, unwell, or dependent on the person who benefited. We investigate transactions made under suspicious circumstances or where someone may have abused a position of trust or a power of attorney, and we pursue the return of assets to the estate where appropriate.

Inheritance Act claims

If you were financially dependent on someone who has died and the Will (or the intestacy rules) does not make reasonable provision for you, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Strict time limits apply, usually six months from the grant of probate.

We handle these claims through our dedicated Inheritance Act claims solicitors, where you will find detailed guidance on eligibility, time limits and what the court takes into account.

No win no fee and how we fund your claim

Cost is usually the first thing people want to understand, and we are upfront about it from the start. At your free initial consultation, we will explain which funding options are realistically available for your case, including:

Private funding on an hourly or staged basis, with clear estimates at each stage.

Legal expenses insurance, which you may already hold through a home or motor policy without realising it. We will help you check.

We will always give you a realistic estimate of costs before you commit, and keep you updated if the position changes. Many disputes settle without a trial, which keeps overall costs lower than people often fear.

What to expect: the dispute process and key time limits

Every case is different, but most contentious probate matters follow a similar path:

  • Free initial consultation. We listen to what has happened, review the key documents, and give you an honest view of whether you have a claim or a defence.
  • Investigation and evidence. We gather the will file, medical records, witness accounts and financial records needed to test the claim. Where appropriate, we apply for a caveat to prevent the estate being distributed prematurely.
  • Negotiation and mediation. We put your case to the other side and aim to settle. Mediation resolves the majority of disputes without the cost and stress of a trial.
  • Court proceedings, if necessary. If a fair settlement cannot be reached, we issue proceedings and represent you through to a hearing, instructing specialist barristers where the case calls for it.

Time limits matter. Inheritance Act claims generally must be brought within six months of the grant of probate, and delay can weaken any claim once an estate has been distributed. If you are even considering a dispute, take advice early.

Why choose Lyons Solicitors

  • Local and long established. We have acted for families across Bristol, Kingswood, Westbury-on-Trym, Chew Magna and the wider Somerset area for many years, with a settled local client base.
  • A named point of contact. Your case is handled by a qualified solicitor who deals with it personally, not passed between departments.
  • Recognised expertise in Wills, trusts and estates. We are members of the Society of Trust and Estate Practitioners (STEP).
  • Regulated and accountable. Lyons Solicitors is authorised and regulated by the Solicitors Regulation Authority (no. 00053512).
  • Sensitive and practical. These disputes come at a difficult time. We are straight with you about your prospects and focus on resolving matters as quickly and cleanly as possible.

Frequently asked questions

How much does it cost to contest a Will?

It depends on the dispute and how it is resolved. Most cases settle through negotiation or mediation, which costs far less than a trial. At your free initial consultation, we explain the likely costs and the funding options open to you before you commit to anything.

Do you offer no win no fee for contesting a Will?

We do not offer no win no fee for these claims, but we will explain every funding option available to you, including legal expenses insurance you may already hold, and give you a clear cost estimate.

How long do I have to contest a Will or make a claim?

There is no fixed deadline to challenge the validity of a Will, but you should act before the estate is distributed, because recovering assets afterwards is much harder. Claims under the Inheritance Act 1975 generally must be made within six months of the grant of probate. Taking advice early protects your position.

Do I have to go to court?

Usually not. Most contentious probate disputes are resolved through negotiation or mediation. Court proceedings are a last resort if a fair settlement cannot be reached, and we will tell you honestly if your case is likely to need them.

What are the grounds for contesting a Will?

The main grounds are lack of mental capacity, the Will not being signed and witnessed correctly, lack of knowledge and approval, undue influence, and fraud or forgery. We can tell you at the outset whether any of these realistically apply to your situation.

Can I challenge gifts made before someone died?

Yes, in some cases. Where money or property was given away during someone's lifetime under undue influence, or where a power of attorney may have been misused, we can investigate and seek to recover those assets for the estate.

Contact our contentious probate solicitors in Bristol & Somerset

To book a free initial consultation with a specialist contentious probate solicitor, get in touch today. Call your nearest office or complete the enquiry form and we will call you back.