Contentious Trusts and Probate

Trusts and probate can be complex.  It is advisable for anyone concerned about how a trust, Will or estate is being managed to speak to a legal expert.

Invariably, this can stop a situation from getting worse, allowing for an acceptable solution and avoiding a lengthy disagreement.

We represent trustees, executors and beneficiaries in many types of disputes.  Drawing on significant experience, our team can resolve matters swiftly without any need for a court hearing.

Resolving contentious trusts and probate cases

To avoid trust or probate disputes becoming protracted, we aim to resolve matters quickly: identifying the key issues, discussing the options, and outlining the best course of action.  Having assessed the strength of a claim or defence, we deliver pragmatic advice on the available options.

We can enter into negotiations to achieve resolution.  If unsuccessful, we can assist through mediation: often faster and more cost-effective than litigation, it can also prevent family relationships degenerating.

Contentious trust and probate claims

Beneficiaries may decide to take action against trustees for mismanagement or breaches of trust: sometimes, they can request their removal and seek to protect or recover assets.  Early intervention can ensure that the trust fund is protected and that trustees are put on notice.  Disagreements can also arise over an executor’s actions, a Will’s validity, or who should have been left a legacy.  Our team advises clients of their rights and represent them in bringing or defending a claim.

Our contentious trusts and probate services include:

• Breach of trust claims
• Inheritance Act claims
• Contesting the validity of a Will
• Contesting the interpretation of a Will
• Mismanagement of a trust or estate
• Removal of an executor or trustee
• Court of Protection deputyship disputes
• Mismanagement of assets by an attorney under an LPA
• Issuing and warning off caveats
• Representing executors in defending claims against an estate