What We Do

Contentious Probate

Contentious Trust and Probate Disputes

We understand that contentious trusts and probate disputes involve sensitive and sometimes complicated family dynamics. We know that such matters are more than simple financial claims. We have experience of handling these claims and, where possible, try to resolve matters quickly through negotiation or mediation, but we will actively pursue your matter to trial if that is what is needed.

We deal with these often sensitive claims with compassion whilst always maintaining the objectivity required to bring the dispute to a satisfactory resolution.

Disputes regarding family and inherited wealth are increasing in number, perhaps this is the product of more complicated family structures and in the main, more valuable estates.

Perhaps you want to contest the validity of a will, claim maintenance from an estate, or have a grievance about the way an estate has or is being administered, or maybe you are having a problem with some trustees – we can assist you in resolving your dispute.

Some more frequently encountered situations we have been asked to represent clients include:

  • Claims arising from wills or on intestacy, including claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Wills made under duress or undue influence, or where the testator lacked the mental capacity to make a will or did not sufficiently understand what he or she was doing
  • Forged wills and fraud
  • Disputes concerning the execution of wills
  • Disputes between executors/beneficiaries and trustees/executors
  • Actions for the removal of executors, administrators or trustees
  • Proprietary estoppel, constructive trust and resulting trust claims
  • Death-bed gifts and promissory estoppel claims
  • Trust litigation, including complex and multi-jurisdictional claims
  • Professional negligence claims against professional advisors involved in giving advice in relation to wills and tax planning
  • Statutory will applications and contentious registration of lasting powers of attorney

Every case is unique and we are able to agree a strategy and approach with you that will meet your needs. We aim to achieve resolution of cases at an early stage through use of the pre-action protocols, negotiation or mediation. However, where that is not possible we manage litigation as efficiently and cost effectively as possible.

Recent family law disputes experience

Inheritance Act claim - for recently bereaved spouse who had been left insufficient provision by his late wife, liaising with executor and numerous beneficiaries

Executor dispute - seeking removal of executors to ensure the smooth application for a Grant of Probate and administration of the estate.

For further information please contact Leanne Wheeler on 01244 230000.

For all enquiries, please call 01244 230000 and a member of our team will be happy to help. Alternatively, you can fill out a quick form on our contact page.

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