Contentious Probate, Wills & Trusts

Contentious probate

Contentious probate is a legal term used in the UK when there is a dispute involving an inheritance. This can involve a dispute about a Will or a dispute over Probate.

Probate is a term used when taking about the process of managing the affairs of a deceased person. When someone dies an application is made to the Probate Registry to get permission to deal with their affairs. In some cases disputes can arise when the estate is not thought to have been administered properly or some beneficiaries do not get what they believe they are entitled to.

We have a specialist contentious probate team who have years of experience advising clients in this area. Our team of expert lawyers can assist you:

• if you think you have a valid claim against a Will
• if you want to dispute an inheritance claim
• if there is a dispute between an executor and a beneficiary
• if you believe that an estate has been administered negligently
• if you want to make a claim under the Inheritance (Provision for Family and Dependants) act 1975

Our contentious probate team recognise that these disputes exist alongside strong family emotions and emphasis is placed on careful consideration of the legal issues and a practical solution to the problems faced.  Mediation and other ways of resolving these cases outside the Courts is always considered however if court action is necessary then we will proceed with speed and vigour to ensure we serve our clients best interests.

Contesting a will

There are circumstances which may give rise to the right to seek a declaration that a will is invalid and should be disregarded completely. When reviewing wills we give consideration to a number of potential issues, including:

• Invalid procedure – For a will to be valid it must be in writing, signed and witnessed in the correct manner. It will usually revoke earlier wills but this needs to be expressly stated.
• Mental Capacity – For a will to be valid the person making the will must have sufficient mental capacity at the time the will was signed.
• Undue Influence – The will must be made voluntarily and if a person has been coerced into making a will it may be deemed as invalid.
• Knowledge, approval, fraud and forgery - If someone is tricked into signing a Will or there has been some other fraudulent activity then the Will may be deemed invalid.

These are the common issues that arise but there are others that we give detailed consideration to.

Claims by disappointed beneficiaries

In the UK, people are free to leave assets to beneficiaries of their choice. However, this freedom is subject to a number of potential safeguards including claims under the Inheritance (Provision for family and Dependants) Act 1975. Such claims are brought by family and dependants where the terms of a will (or the rules of intestacy if there is no will) fails to make reasonable financial provision for the applicant. It is common for claims of this type to be run alongside claims for other forms of equitable relief such as constructive trusts and promissory estoppel.

We have a specialist contentious wills trust and probate team who have years of experience advising clients on will and Inheritance disputes.   Our team of expert lawyers can assist you if you think you have a valid claim against a Will or want to make and defend an inheritance claim.

Claims involving Trusts

A Trust is a legal relationship where an individual (settlor) transfers assets to another individual or company (Trustees). The Trustees hold and manage these assets for the beneficiaries of the Trust, chosen by the settlor. A Trust can be established during your lifetime or upon your death.

The position of trustee is an onerous one that brings with it a number of duties imposed upon the trustee as a result of both statute and common law.

These duties include the requirement that trustees act with reasonable care and skill, to act impartially and fairly, to administer the trust in accordance with the terms of the trust, to act jointly if more than one, to be ready with their accounts when asked and to not cause loss to the trust as a result of a conflict between their duties as trustee and their self interest.

Claims arise against trustees where it is alleged that trustees have failed to comply with their duties and the trust and beneficiaries have suffered a loss as a result.

We act for both beneficiaries of trusts and trustees when such disputes arise and can advise as to the appropriate action to take to safeguard the interests of the trust.