Wills, Trusts and Inheritance Disputes

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