Protecting your position across estate and will disputes
Dealing with a loved one’s estate is difficult enough without things becoming contentious. When disagreements arise, it can quickly feel overwhelming, especially where family relationships and significant assets are involved.
Reassuring to know.
Reassuring to know.
Reassuring to know.
Probate Disputes
Interested in how we can help? Click below to download our Probate Litigation guide.
Contentious ProbateDisputes around Wills, Estates and Trusts are personal, emotional, and often long‑running and we approach every matter with that in mind.
At Swinburne Maddison, we don’t jump straight into litigation. Our focus is on understanding what matters most to you and finding the most practical way forward. That might mean resolving things early through conversation and negotiation, or it might mean taking firm action to protect your position.
We advise on a wide range of contentious probate matters, including Will disputes, inheritance claims, issues with executors or trustees, and disagreements over property or promises made during someone’s lifetime. However complex the situation, we keep things straightforward and easy to follow, so you always know where you stand.
Where possible, we’ll look to resolve matters without the need for court proceedings, saving time, cost and stress. But if that’s not an option, you can be reassured that we’ll guide you through the process and fight your corner when it matters.
What sets us apart is how we work with you, Honest conversations, clear advice and a steady, supportive approach from start to finish.
Because we’re a full-service firm, we also work closely with our Will, Trusts and Probate team as well as our Property and Corporate teams. That means we can deal with everything that sits behind the dispute too, not just the dispute itself. When things feel uncertain you can trust us to take the lead.
Guiding with care and expertise.
“Jenna Keir-Kendrew was also excellent in ensuring everything was where it needed to be and that we had the strongest case possible. They made me feel like we were working together to achieve a great outcome.”
The Legal 500 UK
We’re here to protect your estate.
Whether we are collaborating or advocating, we are a shoulder to lean on when times are tough.
Disputes about Wills and inheritance can arise for many reasons, from concerns about whether a Will is valid, to situations where someone feels they haven’t been fairly provided for. These cases are often personal and can be emotionally charged, particularly where family relationships are involved.
We support clients dealing with inheritance claims, challenges to the validity of a Will (including issues such as capacity or undue influence), and wider disputes about how an estate should be distributed. Our focus is on helping you understand your position early on and finding the most practical way forward, whether that’s through negotiation or, where necessary, formal proceedings.
When concerns arise about how an estate is being dealt with, it often centres on the actions of executors or trustees. This might include delays, lack of transparency, disagreements between parties, or more serious allegations about how duties are being carried out.
We advise both those responsible for administering estates and those affected by decisions being made. This includes disputes about conduct, applications to remove or replace executors, and cases where court guidance is needed to move matters forward. Our aim is to resolve issues efficiently while protecting your position and keeping matters on track.
Some disputes don’t sit neatly within the Will itself but relate to promises made during someone’s lifetime or interests in property linked to an estate. These cases can be complex and often involve detailed evidence and long-standing arrangements.
We advise on trust disputes, proprietary estoppel claims and property-related matters, including situations where someone believes they have a right to an asset based on assurances or agreements. These cases require a careful, strategic approach, and we work closely with you to build a clear and practical route to resolution.
Where issues can’t be resolved informally, it may be necessary to involve the court. Probate litigation can range from targeted applications to full High Court proceedings, depending on the nature of the dispute.
We handle all aspects of probate-related litigation, including complex and multi-party disputes. Whether it’s making an urgent application to protect your position or managing a case through to trial, we guide you through each step clearly, so you know what to expect and when to take action.
Estate disputes don’t always stop at the Will itself. Issues can arise around estate assets, debts, insolvency and how funds are distributed between beneficiaries.
We advise on more complex financial aspects of probate disputes, including cases involving insolvency, claims linked to estate assets, and disputes about entitlements. These matters often require a broader view, and we work to ensure that both the legal and financial position are fully understood before decisions are made.
Not every issue needs to become a dispute. Often, getting the right advice early can help avoid problems escalating or prevent positions becoming entrenched.
We work with executors, trustees and beneficiaries to identify risks at an early stage and provide clear guidance on how to move forward. Where disputes do arise, we focus on resolving matters as quickly and sensibly as possible through negotiation, mediation and other forms of alternative dispute resolution, helping to minimise cost, stress and disruption.
Our team
Supporting you through dificult moments.
Whatever you’re facing, you’re in safe hands with our probate litigation team. We’re here to support you every step of the way, with clear, practical advice you can trust.
Private Services
Your personal matters managed with ease.
We offer support across all personal matters, here to help with clear guidance, making tough situations a little easier.
