By their nature, disputes over Wills, Trusts and Probate often occur at times of emotional vulnerability and distress.  Bringing or defending such claims is especially demanding and can become acrimonious and fraught very quickly.  Seeking expert advice at an early stage to help resolve matters can therefore be crucial and can potentially avoid litigation and costly court proceedings.

We have specialist knowledge and we are able to manage grievances over inheritance with compassion whilst maintaining objectivity to progress disputes to a satisfactory resolution. The spectrum of disputes is as varied as the families affected.  We act for executors, personal representatives and for individuals claiming against estates or other parties and we often advise on complex and cross-jurisdictional issues.

You may find the following frequently asked questions helpful to answer some of the more common concerns and queries prospective clients have in relation Wills, Trusts and inheritance disputes:

FREQUENTLY ASKED QUESTIONS

Looking after your needs

We can assist you with claims and disputes in relation to:

  • Disputes between executors/beneficiaries and trustees/executors
  • Invalid Wills (including lack of capacity and undue influence)
  • The Inheritance (Provision for Family and Dependants) Act 1975
  • Fraud, including forged or fraudulent Wills
  • Execution of Wills   
  • Removal of executors, administrators or trustees
  • Rectification of Wills 
  • Lost or destroyed Wills 
  • Domicile
  • Interpretation of Wills, Trusts and/or the administration of Estates
  • Trust litigation, including complex and multi-jurisdictional claims
  • Misappropriation of property
  • Maladministration of an Estate
  • Proprietary Estoppel, Constructive Trust and Resulting Trust claims
  • Legacies due to charities

How we can work with you

The circumstances of each case are unique, which requires a tailored response to our client’s individual needs and an approach that balances sensitivity with pragmatism.  We employ a wide range of methods to help promote early settlement where it is possible, including setting up informal meetings with opponents or representing clients at mediation. However, if a resolution cannot be found, we engage in and manage litigation as pro-actively, efficiently and cost effectively as possible to ensure success for our client at trial.

Some of our CASE STUDIES outline how we work with and help our clients achieve the best possible outcome.  

The specialist team of lawyers from our Dispute Resolution and Private Client teams includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP) and trained mediators.

Further information

If you would like further information or specialist advice on challenging a Will or defending yourself against a claim, please contact Matthew Duncan (Private Client) or Ryan Mowat (Dispute Resolution).

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