Contentious Trusts and Probate

The Contentious Trusts and Probate department is a multi-disciplinary team comprising solicitors who are also involved Private Client, Litigation and Family work to enable us to provide clients with the necessary expertise to assist with claims relating to trusts and estates.

We can provide specialist advice to executors, trustees, beneficiaries in situations where family disputes arise following a death. We aim to resolve any disputes sensitively and as quickly as possible to minimise stress at what is already a difficult time.

Our team is able to assist with bringing or defending claims relating to the validity of a will. These may occur where there is doubt about whether the will had been executed correctly or the deceased’s capacity to make the will or knowledge and approval of its contents and where there are allegations that the will was made through coercion or fraud.

We also act on reasonable provision claims made by disappointed beneficiaries under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that the terms of the deceased’s will or intestacy does not leave them a sufficient share of the estate.

Where those appointed to administer trusts or estates do not appear to be carrying out their duties properly, we can get involved to try to prevent further delays, mismanagement or conflicts of interest. If necessary, we can make applications to the court for the removal of trustees or personal representatives.

If the will contains an error or its terms are unclear, we can also make applications to the Court where appropriate for the rectification or a ruling as to the correct interpretation.

We can also assist with disputes surrounding lifetime gifts which come to light after the deceased’s death and promises which the deceased may have made about who would receive their assets after their death.

  1. Expertise
  2. Insights

Our Contentious Trusts and Probate Team is involved in disputes relating to:

  • Validity of wills
  • Inheritance Act 1975 claims
  • Removal of executors and trustees
  • Breach of trust
  • Lifetime transfers
  • Proprietary estoppel
  • Constructive trusts

Additional Info

  • News Author: Chris O'Callaghan | Devorah Ormonde