LEGAL GUIDE · ENGLAND & WALES
If you believe you have been left without reasonable financial provision from a loved one’s estate, taking legal action can feel overwhelming — particularly when you are already dealing with grief. Understanding the process from beginning to end makes it far less frightening and helps you work effectively with your solicitor to achieve the best possible outcome.
⚠️ The most urgent point: you must issue proceedings within six months of the date of the grant of probate (or letters of administration). Not the date of death. Not when you found out. The grant.
Speak with a specialist contentious probate solicitor — not your general solicitor. At NJS Law, your initial consultation is completely free and covers: your eligibility; review of the will and grant of probate; assessment of your claim’s strength; funding options including whether a no win no fee arrangement is available; and a realistic view of possible outcomes.
Identify and preserve all relevant evidence before it is lost. Evidence about you: income, assets, outgoings, debts, medical costs. Evidence about the deceased and your relationship: correspondence, texts, emails, financial support received. Evidence about the estate: the will, grant of probate, IHT account, asset details.
You formally instruct NJS Law and agree the funding arrangement — CFA with subsequent ATE insurance if eligible. From this point, we handle all communications with the other side on your behalf. Do not contact the executors, beneficiaries or their solicitors directly.
Before issuing court proceedings, the parties follow the Pre-Action Protocol for Inheritance and Trust Disputes. A detailed letter of claim is sent to the personal representatives setting out the legal basis, your financial position and the provision sought. A well-drafted letter of claim often prompts the first serious settlement discussion.
Both sides provide detailed information about the estate, the financial positions of all beneficiaries, and the claimant’s needs. This transparency enables realistic negotiations. Parties who try to hide or minimise assets face serious legal consequences.
The vast majority of Inheritance Act claims settle through direct solicitor-to-solicitor negotiation after disclosure. NJS Law will advise you on the strength and reasonableness of any offer, and what an equivalent court order might look like. We never pressure clients to accept settlements that do not meet their genuine needs.
If negotiation does not produce agreement, mediation is the next step. A trained, neutral mediator facilitates a structured, confidential day of discussion between the parties. In our experience, mediation succeeds in the majority of Inheritance Act cases where it is attempted. Courts expect parties to attempt mediation before resorting to litigation — refusal without good reason can result in a costs penalty.
If mediation and negotiation both fail, proceedings are issued in the appropriate court. This sets a formal timetable: exchange of witness statements, expert evidence, costs and case management conference, and a final hearing date. Most cases settle before trial — even after proceedings are issued.
At trial, the judge hears evidence and delivers a judgment. Orders available include: a lump sum payment; periodical income payments; transfer of a specific property or asset; a right to occupy a property; or a settlement of property on trust. The award is calibrated to the claimant’s demonstrated financial needs and the overall circumstances.
📞0800 6525 656
📧probate@njslaw.co.uk
No Win, No Fee · SRA Regulated · Proactive, specialist will dispute solicitors
Claims settling at negotiation stage often resolve in 3–9 months. Claims proceeding to trial can take 18–30 months or more.
Most Inheritance Act claims settle through negotiation or mediation. Court proceedings are issued when necessary but the majority of cases settle before a final hearing.
The court has wide discretion. Costs may be ordered from the estate, or each party may bear their own costs. NJS Law will advise on the realistic costs outcome at each stage.
Yes. They are separate proceedings but can be pursued simultaneously. NJS Law will advise on both routes and the most efficient way to pursue them together.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.
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