CONTENTIOUS PROBATE AND TRUSTS DISPUTES

By their nature, disputes over Wills, trusts and probate occur at times of emotional vulnerability and distress and involve issues that can be extremely sensitive to those involved.  Bringing or defending such claims is especially demanding, and claims have the potential to become acrimonious and fraught very quickly, and positions entrenched.  Early expert advice is therefore crucial.

We have the specialist knowledge to manage grievances over inheritance with compassion, whilst maintaining the objectivity essential to progress disputes to a satisfactory resolution. The spectrum of disputes is as varied as the families affected.  

We act for executors or personal representatives of estates and for individuals claiming against estates or other parties. Some of the more frequently encountered situations where we are asked to represent clients include:

• Disputes between executors/beneficiaries and trustees/executors;
• Wills made under duress or undue influence, or where the person concerned did not sufficiently understand what he or she was doing;
• Forged wills and fraud;
• Disputes concerning the execution of wills;
• Claims arising from wills or on intestacy, including claims under the Inheritance (Provision for Family and Dependants) Act 1975;
• Actions for the removal of executors, administrators or trustees;
• Rectification of wills;
• Disputes over the meaning of provisions in wills or trusts and the administration of estates;
• Trust litigation, including complex and multi-jurisdictional claims;
• Domicile disputes;
• Lost or destroyed wills;
• Allegations of property being misappropriated by relatives and maladministration by personal representatives;
• Disputes over trusts and property where individuals have made financial, emotional and practical contributions or where beneficial interests in assets are unclear;
• Proprietary estoppel, constructive trust and resulting trust claims;  

The circumstances of each case are unique, requiring a tailored response to the individual needs of that particular client, and an approach that balances sensitivity with pragmatism.  We strive to achieve effective dispute resolution at an early stage and, where that is not successful, to engage in and manage litigation as efficiently and cost effectively as possible.

Timing can be of critical importance in probate disputes, and a languid approach might have disastrous consequences.  Likewise, urgent action may be required to protect assets in the interim, whilst claims are under consideration.  We have the experience to know which deadlines are crucial and what steps need to be taken to protect our clients' interests and the capacity to react accordingly.

It is not only individuals affected by inheritance disputes; charities may be concerned with legacies due to them that are the subject of challenges by disappointed beneficiaries; they may have suffered loss as a consequence of maladministration or negligence, or insufficient tax planning.

Our specialist team at Kingsley Napley, which includes members of ACTAPS, can assist with any of these problems and more. We understand that it is necessary for us to be open-minded and that we give clients genuine advice about when to negotiate and when to litigate. 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.

For further information on the services we offer, please contact Matthew Duncan (Private Client) on mduncan@kingsleynapley.co.uk, Ryan Mowat (Dispute Resolution) on rmowat@kingsleynapley.co.uk, or Duncan Ranton (Family) on dranton@kingsleynapley.co.uk.

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