We are proud of our niche expertise in this area, which allows us to advise on all aspects of contentious probate work. We have the expertise, experience and resources to offer the very best representation and results for our clients in this complex area of law.

We have particularly expertise in advising on high value contentious agricultural estates and are regularly instructed on such matters in the High Court.

Our team is led by James Johnston (Partner and accredited mediator) and Johnny Coulthard (Partner and full member of the Association of Contentious Trust and Probate Specialists) who work alongside a team of solicitors and paralegals across our offices in Cumbria and Newcastle.

Due to our expertise, we are regularly instructed by clients throughout the country and regularly receive referrals from professionals.

Our service includes advising on:

  • Will disputes
  • Claims under the Inheritance Act
  • Application to remove executors
  • Executors dispute
  • Financial Abuse
  • Partnership disputes
  • Claim against executors for breach of their duties
  • Trust disputes
  • Applications to revoke Grants of Probate
  • Lost Will claims
  • Forfeiture claims
  • The interpretation and construction of Wills
  • Applications to obtain information relating to estates
  • Applications to amend Wills

If have an enquiry, we are happy to provide a free informal chat – please just get in touch.

Burnetts’ contentious trusts and probate team offers comprehensive expertise across the full spectrum of disputes, with particular strength in complex estate administrations and agricultural matters; it was regularly instructed in High Court litigation. James Johnston leads the practice and is recognised for his deep understanding of partnership disputes and contentious probate matters involving commercial assets. Newly promoted to partner Johnny Coulthard plays a key role in the department, leading most of the team’s contentious probate work and frequently acting in high-value, High Court cases.

Legal 500 UK 2026

FAQs

  • What is contentious probate?

    Contentious probate is an umbrella term to describe disputes in relation to a person’s Will or estate. Disputes of this nature range from challenges to a Will, to claims under the Inheritance (Provision for Family and Dependants) Act 1975. They also include disputes about executors and trustees.

  • What is a caveat?

    A caveat is a way of stopping a Grant of Probate being issued in an estate. It is an important initial step to take if you want to challenge a Will. Caveats last for six months but can be renewed.

  • On what grounds can I challenge a Will?

    There are several ways a Will can be challenged and generally they relate to issues concerning:

    1. The lack of capacity to sign a Will
    2. Undue influence
    3. Fraudulent Calumny (this is where somebody has lied to the testator and this has made them change their will)
    4. Where the legal formalities for signing a Will have not been followed
    5. Where the testator does not have knowledge of the contents of the Will
    6. Fraud
  • Can I bring a claim if someone has died without a Will?

    First it is important to conduct a search to make sure there is no Will.

    If it is confirmed there is no Will and you do not benefit under the rules of intestacy then it may still be possible to purse a claim for reasonable financial provision from an estate. That type of claim can be made under the Inheritance (Provision for Family and Dependants) Act 1975.

  • Is it possible to remove an executor?

    If you are beneficiary and have concerns that an executor is not administering the estate in accordance with their duties then it is possible to make an application to the Court to remove and replace the executor. There are several steps you should undertake before making an application to the Court.

  • What evidence do I need to challenge a Will?

    This will depend on the exact nature of the dispute, however, one of the key pieces of evidence will often be the Will preparation file. Where a professional has prepared a Will, their file can be requested under what is known as a Larke v Nugus request. You can also ask that the Will drafter prepares a statement concerning the circumstances around the preparation of the Will.

    It is also possible to seek evidence from those who have witnessed a Will – this is particularly useful if the Will was prepared at home without this use of a professional.

  • Do the costs relating to contentious probate action get paid by the Estate?

    This is often a misconception. There can be instances where the Estate is liable for the legal costs of a claim but often it is the loser that must pay the winners costs. The position on costs is, however, complex and it is important to obtain professional advice as the costs position will vary from case to case.

  • What is an Inheritance Act claim?

    The Inheritance Act allows certain categories of people to bring claims against an estate if they have not been left with reasonable financial provision. This applies to both people who have been left out of a Will or where what they do get is not sufficient (either under a Will or the rules of intestacy).

    Strict time frames apply to these types of claims and it is important to obtain professional advice on those time limits as soon as possible.

  • What happens if a Will has been lost?

    If a Will has been lost it is important that the necessary searches for a Will are undertaken. We can advise on what those steps are. It may also be possible to proceed with a copy of a Will even if the original cannot be found.

  • What happens if I have been promised something but it is left to someone else in a Will?

    In these instances, you may be able to pursue a claim under Proprietary Estoppel. This is where an asset has been promised to you and you have relied on that promise to your detriment.

  • What do I do if I am a beneficiary and an executor is not providing me with information?

    An executor is under a strict duty to account for what they are doing in relation to the administration of an estate. If they are not providing the necessary information, you can make an application to compel them to do so.