We understand the death of a loved one can be an emotional time for the whole family. This is especially true if the deceased had not written a Will before their passing, if their Will fails to provide for those who depended upon them or the intentions set out in their Will are unclear. This can sometimes lead to disputes over the interpretation of their wishes and even over the validity of the Will itself.
We can help you if you wish to contest a Will, whether in your capacity as beneficiary or because you were dependent upon the deceased and have not been sufficiently provided for. We can also help if you find yourself, as a beneficiary of the Estate, defending a claim brought against it or if you think a Will may have been forged.
We work closely with Trustees in advising on the complexities of their role from the beginning, minimising the risk of breaching their fiduciary duties and avoiding disagreements at a later date. If disputes do arise, we work to resolve them as constructively as possible through mediation and settlement discussions. If Court proceedings are required, we have the depth of experience in our team to gain a strong and positive outcome.
Our experienced team can assist on all aspects of contentious Trusts and Probate, including:
- Contesting a Will (lack of capacity, lack of knowledge/approval, undue influence)
- Fraudulent Wills
- Invalid Wills (eg failure to properly execute)
- Rectifying Wills
- Applications to clarify the meaning of a Will (construction claims)
- Financial provision for dependants under the Inheritance (Provision for Family and Dependants) Act 1975
- Applications for probate
- Disputes concerning executors
- Disputes about estate assets
- Advice and guidance for trustees
- Trustee actions for breach, negligence and restitution
- Removal of executors or trustees
- Applications for inventory and accounts
- Acting as neutral Special Administrators on disputed estates
- Applications for Declarations of Presumed Death
Our experienced team will provide clear and dependable advice that is supportive and sensitive to what you wish to achieve.
The team is led by members of the The Association of Contentious Trust and Probate Specialists (ACTAPS) who hold specialist qualifications as a result of their experience in this complex area of the law. The team also benefits from specialist expertise in our Wills, Probate, Tax and Trust and Agriculture and Estates teams.