Wills & Trust Disputes
Increased property values, more complex domestic arrangements and the public’s increased awareness of their rights have all contributed to a rise in disputes about private wealth, particularly after death.
As well as our lawyers having experience and expertise in this complex and specialised area, our clients also benefit from our sensitive and pragmatic approach during what can be a most distressing period.
We have a specialist team of lawyers dedicated to advising clients in this unique area of law. Our team comprises both Dispute Resolution and Estate Planning specialists. Because we are specialists, we are able to identify issues quickly and efficiently, enabling us to guide our clients though the process and where possible save the parties (and the estate) expense. We offer a pro-active and responsive service and we have a proven track record of resolving these sorts of disputes without the expense and stress of a trial. Having said that, we pride ourselves in fighting our client’s corner with vigour and achieving the best results for them through the courts if that proves necessary.
We are cost effective compared to our City competitors and we are willing to consider alternative funding arrangements, including ‘no win, no fee’ in appropriate cases.
These are the sorts of issues with which we can help you:-
- Disputes about the validity of wills and other testamentary documents.
- Defending or bringing claims for a share in an estate (or an increased share in an estate) where it is asserted that a will or intestacy has not provided sufficiently. (i.e. Claims under the Inheritance (Provision for Family and Dependants) Act 1975).
- Putting into effect (or resisting) promises made by a Deceased person about an inheritance where their will or intestacy does not accord with that promise (i.e. proprietary estoppel/constructive trust claims).
- Disputes in the administration of an estate - whether between beneficiaries, between beneficiaries and executors or between executors themselves.
- Negligence claims against solicitors (and others) arising out of the administration of an estate or estate planning advice.
- Claims for breach of trust.
- Claims challenging the validity of a trust.
- Applications to remove trustees or executors.
- Disputes about deputyships or attorneys in the Court of Protection.
- Claims to set aside a lifetime gift where there has been undue influence allegedly exerted on the person making the gift.
- Disputes about an application for a statutory will.
- Obtaining information from trustees or executors, or resisting, Blocking grants of probate.
- Claims against the estate of Deceased persons, or claims by the Estate of a Deceased Person.
- Disputes about burials.
- Rectification of wills and lifetime gifts.
- Resolving contentious and non-contentious issues relating to the construction of a will, other testamentary document, or Deed of Trust.
- Claims against Personal Representatives or Executors.
- Forcing a person to produce a will or other testamentary document where they have refused to do so.
- Beddoe applications. Obtaining permission of the court to issue/defend proceedings.
- Obtaining court approval for the distribution of an estate where a dispute may arise in the future or where a minor or patient is involved.
- Obtaining Court approval for a course of action by a Trustee.
- Bringing or defending claims for a share in a Deceased’s property.
- Applications for an account.
Find out More
If you would like to know more about our contested probate services and how we could help you - contact us now.
A service sheet giving information about wills and trust disputes services from Adams & Remers is available at this link (pdf).