Wills, Private Wealth & Probate Disputes

Specialist support for sensitive family and estate matters

Gordons Partnership provides expert advice in resolving disputes involving inheritance, estates, trusts, and lasting powers of attorney (LPAs). These cases often involve highly personal and complex issues, and our team works with clients to find practical solutions that balance legal rights with family dynamics.

Gordons Partnership is a full-service law firm built on clear advice, strong relationships, and a steady hand in complex matters. We work across sectors, always focusing on what matters to the people we support. Clients come to us for practical legal guidance, and stay because we do what we say we will.

Areas of Expertise

Inheritance Disputes

We advise on claims under the Inheritance (Provision for Family and Dependants) Act 1975. These claims arise where a surviving spouse, partner, or relative who was maintained by the deceased has not been adequately provided for under a will or through the intestacy rules. We act for both those bringing claims or defending them.

Contentious Probate

Disputes over a will can arise for all sorts of reasons. We support clients in both challenging a will and defending it — always with a practical, honest view of your chances of success.

Here are some of the most common reasons these disputes happen:

• Improper execution
  If a will hasn’t been properly signed or witnessed, or doesn’t meet the legal requirements, it can be challenged.
• Fraud
  This could involve forging a signature, or using a genuine signature on a document the person never actually agreed to. Both are serious and potentially criminal.
• Lack of testamentary capacity
  This is where the person making the will didn’t fully understand what they were doing — for example, not understanding the extent of their estate or the effect of the decisions they were making.
• Undue influence
  Sometimes someone may put pressure on the person making the will to benefit themselves. That pressure can be subtle, but if it amounts to coercion, the will may be invalid.
• Want of knowledge and approval
  If the person making the will didn’t truly understand or approve its contents — for example, if they couldn’t read or were relying entirely on someone else to explain it — there could be grounds for challenge. This often comes up with home-made wills or where a beneficiary is involved in drafting it.
• Fraudulent calumny
  This is a more complex claim. It involves someone deliberately spreading lies to turn the person making the will against another, often a would-be beneficiary, and doing so with the intent of changing the outcome of the will.

Executor and Trustee Disputes

Disputes often arise between executors — particularly when they are siblings — or between executors and beneficiaries. These can be sensitive situations, especially when tensions from grief or family history are already present.

What is an executor?

An executor is the person named in a will who is legally responsible for managing the estate of someone who has died. That includes collecting in the assets, settling any debts and taxes, and distributing what’s left in line with the will.

Being an executor carries a number of legal duties, which may include:

• Registering the death
• Arranging the funeral
• Valuing the estate
• Paying any inheritance tax due
• Applying for probate
• Managing and closing bank accounts
• Issuing a deceased estates notice
• Keeping full estate accounts
• Distributing the estate to the right people

Disputes often come about when one or more of these duties aren’t carried out properly, or when there’s a breakdown in communication or trust.

Common issues include:

• Delays or mismanagement
  Executors must act promptly and efficiently. If they delay key steps or simply fail to get on with the job, it can damage the value of the estate and cause serious concern among beneficiaries.

• Lack of transparency
  Executors have a duty to keep beneficiaries reasonably informed. A lack of communication or failure to provide updates can quickly lead to suspicion or claims of wrongdoing, even when none exists.

• Disagreements over asset values
  Disputes can arise over how assets such as property, businesses, or shares are valued. If assets are significantly over- or under-valued, this can impact inheritance tax, distributions, and perceptions of fairness.

• Conflicts of interest
  Executors must always act in the best interests of the estate, not themselves. If an executor stands to benefit from decisions they make, or puts personal interests above their duty, that can lead to legal challenge.

Even when everyone agrees that the estate needs to be dealt with, emotions can cloud judgement. We’ve seen cases where two executors — often siblings — are more focused on controlling the process than working together, which risks harming the estate and their wider family.

In these situations, taking early legal advice is key. A solicitor can help set clear expectations, support good communication, and step in if one or more executors are not fulfilling their responsibilities properly.

Lasting Powers of Attorney (LPA) Disputes

We advise on disputes surrounding LPAs, which frequently involve attorneys with differing views on the care or financial management of the donor. These disagreements are often rooted in breakdowns of communication and trust, leading to conflict over decisions relating to property, finances, and welfare.

It’s not uncommon for attorneys to have different views. But when communication breaks down, even well-intentioned decisions can turn into disputes.

LPA Disputes in Practice

Take this example: two sisters had been appointed as attorneys for their mother. They both agreed that something needed to be done — the property needed to be sold — but they couldn’t agree on how.

One quickly sought to instruct a solicitor. The other quickly lined up an estate agent. Each wanted to be the one in control.

What started as a shared goal quickly turned into a power struggle. And in the process, both lost sight of what mattered: acting in their mother’s best interests.

Situations like this often lead to delays, additional costs, and in some cases, formal applications to the Court of Protection.

The lesson is simple: even if you’re confident in your own judgment, it pays to pause, speak openly, and get advice early. An LPA isn’t about who takes charge — it’s about making sure decisions are made for the right reasons, by the right people, at the right time.

Contentious Probate at Gordons Partnership

Contentious probate is a growing area of practice at Gordons Partnership. We now have a dedicated service to support clients facing disputes over wills and estates, while also providing wider dispute resolution support across inheritance, trust, and LPA matters.

Get In Touch

If you are facing a dispute and would like clear, practical advice, please contact Stephen Bottomley.

How it works when you get in touch

We offer a short, no-obligation phone call — usually no more than 20 minutes — to help you understand the service and any costs involved. This isn’t formal legal advice, and we won’t act on your behalf unless you decide to instruct us. But we can usually give you a sense of whether this is the right service for your situation.