Reasonable File Request in Probate Disputes

On 18 December 2025 the Legal Ombudsman (LeO) published its guidance on challenges and good practices when responding to requests from beneficiaries during the administration of estates

As a beneficiary of an estate, there is a limit to what you can expect and ask for from the estate during the administration.

There is usually no absolute right to the following, which is generally at the discretion of the personal representative(s):

• a copy of the will (before a Grant of Probate has been obtained)
• disclosure of any entitlement under the will
• disclosure of documents and other information
• estate accounts

A beneficiary however can potentially still

a) Bring a professional negligence claim
b) Make a Complaint
c) Ask for the costs incurred by solicitors to be assessed
d) Make a Larke v Nugus request in respect to the circumstances surrounding the making and execution of a will

This recognises that beneficiaries may not be a client but have a vested interest in how an estate has been administered and is ultimately affected

LeO has recognised the following trends

With over 11,000 attempts to block probate last year – up 56% since 2019 – this phenomenon has contributed to will and probate handling becoming one of the fastest-growing areas of complaint to LeO.

Drawing on LeO’s latest data, including a 28% rise in wills and probate complaints accepted during 2024/25, the guidance highlights the importance of clear communication and empathy when dealing with emotionally charged situations.

Wills and probate was the second-most complained about area of law in the complaints we accepted in 2024/5, and those 1,128 complaints were a 28% increase on the previous year. Nearly half of the wills and probate cases with investigative outcomes last year had inadequate handling of the complaint at first tier.

The approach that they advocate is to be provide reasonable responses to reasonable requests in a reasonable time.

A personal representative is not only a client – they effectively step into the shoes of the deceased.

Beneficiaries should have their reasonable questions answered – what is deemed a reasonable request will depend on:

• Who the representative is
• Who the beneficiary is
• The number of beneficiaries
• What the request is for (in terms of length and depth of the information requested)
• The reason for the questions
• The costs of complying with the request

To manage expectations, solicitors would explain what they will and won’t do/provide and the reasons for any refusal

LeO provides guidance for what service providers should do:

• Set clear expectations on your role at the outset. This should include expectations about the level of contact from you. The higher the likelihood of there being issues between family members, the more important the record is likely to be, if we receive a complaint about the level of communication.
• Be prepared to revise those set expectations, if the circumstances change and warrant it. Sometimes, family members fall out and the service provider’s role might change in practice, if not in law.
• If things do go wrong, be alive to the human effects on people wanting a resolution to the estate.

They refer to their Guidance on Remedies which gives further information on how to address the effects of any failings.

Their website also provides useful illustrative case studies

Final Words

Any complaint takes time to deal with and is usually the precursory to escalation to a contentious claim

It is therefore wise to try and keep beneficiaries on side by keeping them informed on the progress of the estate administration.

Records should be kept, communications clear and charges transparent.

Solicitors and personal representatives should be aware of the additional elements of emotional turmoil, and highly acrimonious relations, which require a more empathetic and sensitive role.

If you are dealing with a probate administration or require guidance on responding to beneficiary requests, our specialist Dispute Resolution team can provide clear, practical advice. We assist personal representatives and solicitors in managing expectations, addressing concerns and navigating disputes. Please contact us on 0330 822 3451  if you would like tailored legal support.