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 team have extensive experience in dealing with disputes of this nature and are ranked in both Chambers and Partners and The Legal 500 as experts in this field. 

The spectrum of disputes is as varied as the families affected.  We act for trustees, executors, personal representatives, protectors, beneficiaries, charities and for individuals claiming against estates, trustees or other parties. We can assist with all types of probate disputes including invalid wills, claims for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975 and professional negligence claims relating to Wills, Trusts and Inheritance.

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 are instructed to assist in asset tracing (including obtaining freezing injunctions) and anti-trust litigation. We work closely alongside our leading family team in divorce cases involving trust property and we act in disputes arising in relation to family farms and landed estates.  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.

Examples of some of the recent cases we have acted in can be found below:

• 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.
• Advising the deceased’s widow in relation to challenging trustees’ discretion in respect of the distribution of death benefits and associated complaint to The Pensions Ombudsman.
• 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.

The circumstances of each case are unique, which necessitates a tailored response to the individual needs of our clients 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. We always give clear advice to our clients about costs and the various options for funding a claim. We are also alive to the often very personal nature of such disputes and the want to limit as far as possible what is being said or reported in the public eye. We therefore work closely with our reputation management team to control this aspect of your matter where necessary.

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

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

WHAT CLIENTS AND DIRECTORIES HAVE SAID

"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 UK High Net Worth, 2017

"'Efficient and pragmatic team' - is well equipped to handle complex multi-jurisdictional work"

Legal 500, 2016

"Kingsley Napley LLP’s ‘efficient and pragmatic team’ is well equipped to handle complex multi-jurisdictional work. Head of team Ryan Mowat ‘throws his heart and soul into his clients’ cases and knows when to fight and when to settle’"

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’

Legal 500, 2016

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

Chambers UK, 2016

"Responsible for coming in and really growing this area at the firm''

Legal 500 UK, 2014

"Mowat 'gives robust advice and is not afraid of the fight'"

Legal 500 UK, 2014

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

Legal 500 UK, 2014

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

 Chambers UK High Net Worth, 2017

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

Chambers UK, 2016

"Responsible for coming in and really growing this area at the firm."

Legal 500 UK, 2014

Mowat "gives robust advice and is not afraid of the fight."

Legal 500 UK, 2014

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

Legal 500 UK, 2014