Trust and estates contract signing

Contentious Trust & Probate

Our lawyers are all experts in their chosen specialisms, but you need your advisers to be able to look beyond the specific deal or project to understand your business sector. That is why our lawyers immerse themselves in specific industry sectors, making sure that they understand your business as well as they do their own.

Our contentious probate team has national coverage and we act for both professional and personal executors, for claimants and defendants and disappointed beneficiaries and dependant persons.

In addition, the guidance and advice we provide to executors and trustees assists in their understanding of the legal requirements of the appointed role, their duties, responsibilities and their options in various circumstances. Our advice is tailored to the needs of the nominated executor or trustee, taking into account the terms of the trust and law.

We also provide helpful training and guidance for executors and trustees regarding trustees’ legal duties and obligations, as well as advice on current trustees that have fallen short in their duties.

Our services and expertise include:

Contentious Probate:

  • Invalid, disputed and fraudulent Wills
  • Rectification of mistakes
  • Inheritance Provision for Family and Dependants Act claims
  • Variations of Wills
  • Executor disputes
  • Disputes concerning the administration of an estate
  • Advice and guidance for executors

Trusts:

  • Advice and guidance for trustees
  • Trustee actions for breach of trust, negligence and restitution
  • Trusts of Land and Appointment of Trustee Act 1996 actions
  • Removal of trustees
  • Application for inventory and accounts

 Court of Protection:

  • Mental Capacity Act actions
  • Contested Statutory Wills applications
  • Contested Attorney and Deputy appointments
  • Application to the Court of Protection for approval of a gift or tax planning scheme on behalf of incapacitated person

Find out more:

If you are seeking advice about making a claim against an estate or contesting a Will, or are an executor or trustee seeking guidance on receiving such a claim or on your duties generally, or you would like to find out more about Court of Protection actions or any other related information, please contact our contentious trust and probate experts who will be able to discuss your needs in greater depth sharon.eyre@howespercival.com or lindsey.atterbury@howespercival.com.