Wills, Trusts and Inheritance Disputes

By their nature, disputes over Wills, Trusts and Inheritance 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 legal advice at an early stage to help resolve matters can therefore be crucial and can potentially avoid litigation and costly court proceedings.

Our specialist Wills, Trusts and Inheritance Disputes lawyers have extensive experience in dealing with disputes of this nature and are ranked in both Chambers & Partners and The Legal 500 as experts in this field. 

We act for trustees, executors, personal representatives, protectors, beneficiaries, charities and for individuals in a wide range of disputes involving estates, trusts and land.

How we can help 

The work we undertake includes:

• challenges to the validity of wills;
• Inheritance (Provision for Family and Dependents) Act 1975 claims;
• professional negligence claims;
• proprietary estoppel claims;
• breach of trust or breach of duty claims;
• variation of trust applications;
• directions for the administration of trusts;
• blessing applications;
• removal/replacement of executors or trustees;
• fraud and asset tracing (and applying for injunctive relief);
• rectification, mistake and Hastings-Bass applications;
• constructive trust claims;
• Trust of Land and Appointment of Trustees Act 1996 claims;
• construction applications.

 

We often advise on complex and cross-jurisdictional issues, and regularly work alongside other intermediaries based offshore. We have specialist expertise in fraud cases involving trusts and estates, and we work with our top ranked criminal team on cases which involve criminal allegations. We also work closely alongside our leading family team in divorce cases involving trust property.

We are regularly instructed in relation to contentious matters arising in the Court of Protection and are experienced in advising charities in relation to their potential fraud exposure as well as defending charitable legacies and other such related disputes. We also act often in disputes arising in relation to family farms and landed estates.  

The circumstances of each case are unique, which necessitates a tailored response to the individual needs of our clients. We employ a wide range of methods to help promote early settlement where it is possible. 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.

We always give clear advice to our clients about costs and the various options for funding a dispute involving trusts and estates. 

For more information, look at our frequently asked questions on wills, trusts and inheritance disputes, and read our Need to Know guides for Trustees and our case studies .

What clients and directories have said 

their client service is exceptional"

Chambers and Partners High Net Worth Guide 2019

they have strength in depth” and “they’re extremely professional and very experienced”

Chambers and Partners High Net Worth Guide 2019

They are a good cohesive unit, they go the extra mile" 

Chambers and Partners High Net Worth Guide 2019

they’re very prevalent in the market” and “they’re very good in this world, and have a growing reputation”

Chambers and Partners High Net Worth Guide 2019

They do serious, high-value and complex work. These are noteworthy cases which make a splash in our industry"

Chambers and Partners High Net Worth Guide, 2018

the most valuable thing he did was to be able to see the big picture. He made sure the client got what he wanted to achieve. He has great commercial awareness."

Chambers and Partners UK, High Net Worth Guide, 2017

They are very good at getting on top of things quickly and efficiently to achieve an advantageous settlement."

Chambers and Partners UK, High Net Worth Guide, 2017

Kingsley Napley LLP’s efficient and pragmatic team - is well equipped to handle complex multi-jurisdictional work"

The Legal 500, 2016

 Head of team Ryan Mowat ‘throws his heart and soul into his clients’ cases and knows when to fight and when to settle’"

The Legal 500, 2016

Also recommended are the ‘exceedingly bright’ Katherine Pymont, ‘very reliable and capable’ Kate Salter, and associate Laura Phillips, who ‘really knows her stuff’

The Legal 500, 2016

Sources describe Ryan Mowat as "extremely thorough and responsive" and appreciate that he "rolls his sleeves up and gets stuck in."

Chambers and Partners UK Guide, 2016

Mowat gives robust advice and is not afraid of the fight. He is responsible for coming in and really growing this area at the firm."

The Legal 500, 2014

Clients of Kingsley Napley LLP can draw on the expertise of the flawless Ryan Mowat."

The Legal 500, 2014

 

Examples of recent cases

• Acting in a proprietary estoppel claim for our client against his parents in relation to farming land and the family business
• Acting for the beneficiaries in multijurisdictional trust dispute challenging the exercise of the trustees’ discretion to appoint assets out of trust
• Successfully defending a challenge to the validity of an English will on the grounds that the testator could not have known and approved the contents of the will because she did not speak, read or understand English.
• Acting for a client in a highly acrimonious dispute regarding his father’s estate involving allegations of destruction of a will, forgery and the concealment of overseas assets.
• Advising a client in relation to a professional negligence claim against the solicitor who drafted her husband’s will, an application for rectification of that will on the basis of mistake, and a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
• Advising a Guernsey trust company in a cross border investigation into issues surrounding the settlor and main beneficiary of a family trust. The claims included allegations of undue influence and the misappropriation of assets including extremely valuable artwork.
• Assisting a beneficiary of a substantial trust in relation to the disclosure of information about the trust and also advising on allegations of breach of trust and proceedings for removal of the trustees.
• Acting on behalf of a trustee in bankruptcy where the bankrupt had divested himself of assets, including through offshore trust structures before making himself bankrupt in the face of significant tax liabilities due to the failure of aggressive tax avoidance schemes.
• Advising a Panamanian trustee company of a Cayman trust in a complex piece of multi-jurisdictional trust/fraud litigation relating to the transfer of assets from another off-shore trust.
• Acting in relation to a challenge to the validity of three wills made after the deceased’s diagnosis with brain cancer and investigating the misappropriation of assets prior to his death.
• Advising the children of the deceased in relation to a claim under the Inheritance (Provision for Family and Dependants) Act 1975, in circumstances where their father had made a death bed will cutting them out of his estate.