Wills, Trusts and Inheritance Disputes

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

Legal 500, 2016

By their nature, disputes over Wills, Trusts and Estates 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.

The spectrum of disputes is as varied as the families affected.  We act for trustees, executors, personal representatives and for individuals claiming against estates, trustees or other parties. We also often advise on complex and cross-jurisdictional issues, and regularly work alongside other intermediaries based offshore. Our team is recognised for our expertise in this field by the legal directories The Legal 500 and Chambers and Partners. We can assist beneficiaries, trustees, executors and others in claims and disputes in relation to:

  • Invalid wills (including lack of capacity and undue influence claims)
  • Fraud, including forged or fraudulent Wills
  • Claims for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975
  • Rectification of Wills 
  • Professional negligence claims relating to Wills, Trusts and Estates 
  • Domicile issues
  • Interpretation of Wills, Trusts and/or the administration of Estates
  • Removal of executors, administrators or trustees
  • Misappropriation of Trust or Estate property
  • Breaches of Trust
  • Proprietary Estoppel, Constructive Trust and Resulting Trust claims
  • Claims for restitution of Trust funds
  • Asset recovery and tracing claims for trustees, including obtaining freezing injunctions
  • Court of Protection

The circumstances of each case are unique, which requires a tailored response to our clients’ 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. We always give clear advice to our clients about costs and the various options for funding a claim. 

Our 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.

For more information, read our frequently asked questions on wills, trusts and inheritance disputes.

WHAT CLIENTS AND DIRECTORIES HAVE SAID

"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

 

 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

Related pages

Wills, Trusts and Inheritance Disputes FAQs

This page sets out a number of Frequently Asked Questions in relation to Wills, Trusts and inheritance disputes as well as a glossary of terms.

Civil Fraud and Investigations

The international nature of commerce and growing reliance on electronic communications mean that the number and value of fraud claims is rising.

Commercial and Contract Disputes

Corporate disputes can be stressful, disruptive and damaging. We provide tactical and strategic advice to businesses and individuals.

Dispute Resolution

Dealing with a dispute professionally and commercially takes skill. We assist and support our clients with both legal knowledge and strategy.

Injunctions

If you need to prevent the loss of an asset, damage to reputation, or protect against personal harm, it may be necessary to apply for an injunction.

International and Cross-Border Disputes

When disputes involve individuals or organisations in different countries, those involved often face an array of complex issues in various jurisdictions.

Litigation Funding Options

Funding litigation can be expensive and cause concern. We hope to alleviate these concerns by offering our clients a bespoke funding package.

Professional Negligence

Our experienced team of litigators act for claimants in bringing claims against professionals when they get it wrong.

Real Estate Disputes

Owners, occupiers, investors or developers might encounter property issues relating to anything from a lease or contract dispute to potential fraud.

Reputation and Media

Protecting our clients’ reputation and maintaining control when they are the subject of media scrutiny is what we do.

News and blogs

View all

News

Contentious Trusts and Probate Monthly Round-Up: April 2017

Contentious Trusts and Probate Monthly Round-Up: March 2017

Contentious Trusts and Probate Monthly Round-Up: January 2017

Wills and Probate Round-Up 2016

Contentious Trusts and Probate Monthly Round-Up: October 2016

View all

Blogs

Challenging the Status Quo? Is Rick Parfitt's third wife entitled to a claim after he purportedly changed his will five days before his death?

Trust Litigation Cases – 2016 Round Up

Adult child’s claim in respect of her father’s estate fails

Adult child’s claim in respect of her father’s estate fails

Contentious Trusts and Probate Monthly Round-Up: Bumper Summer Vacation Edition 2016

Disputed wills and mental capacity

What happens to a divorce settlement if a spouse dies during or after divorce proceedings?

Practical advice for avoiding potential inheritance disputes

Battle of the beneficiaries

Rights of cohabitants - setting the record straight

Will Forgery Claims: The 2015 Lowdown

Ramsey vs Ramsay – Will declared valid despite controversial split and question of mental capacity

Inheritance disputes are hardly the preserve of the few

Mediation: The question is not if, but when

Inheritance claims by adult children – update

Common problems with wills and how to fix these

Unlikely beneficiary of a Will – Sharp v Hutchins

Robin Williams' brand protection – tax efficient way to protect publicity rights in the afterlife

Legal update - The requirement for suspicious circumstances in 'want of knowledge and approval' claims

“Trusting” fraudulent family

Famous painters and secret trusts

Thinking of excluding children from your inheritance? It may be harder than you think

Constructive trusts and the potential interplay of foreign and religious laws

Legal Update: The Supreme Court rules on religious doctrine in trust dispute

Recent disputed Will cases on the grounds of lacking capacity

Disputed Will cases – Inheritance and Family Provisions Act 1975 claims

Case Update: Intention is key when interpreting frustrated Will

Inheritance dispute: Will not suspicious enough for the court

High Court rules on reasonableness of hourly rate charged by professional trustee

Supreme Court upholds the Wills in a landmark case where a married couple accidentally signed each other’s Wills

High Court examines the interrelationship between Inheritance Act and the Insolvency Act

Expert shopping is not for the privileged

Disputing a Will based on undue influence – a challenge for Claimants?

Court of Appeal disallow Inheritance Act claim brought outside limitation period

Alternative Dispute Resolution (ADR) up for discussion

The Inheritance and Trustees’ Powers Bill – welcome changes to Intestacy and Family Provision Rules?

Case update: Court of Appeal criticises judge for refusing to recuse himself

Delay in drafting a Will can amount to professional negligence

Implications of the new “Wills and Inheritance Quality Scheme” – for clients and private client lawyers

Does dementia make a will invalid?

Inheritance claims by spouses rise with number of remarriages

Invalid Wills – the challenge of proving lack of ‘testamentary capacity’

Inheritance claims by children - on the rise?

Bernard Matthews’ Will - French law has the final say

Suspicious Wills: the rise of ‘want of knowledge and approval’ claims?

Challenges to the validity of wills: beware of “homemade Wills”

Inheritance: Rights for unmarried couples

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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