Contentious
Probate
Wills and estate disputes are detrimental to family harmony and personal privacy. For these reasons they require careful and sensitive handling to ensure the situation does not escalate and costs are contained.
We can assist in all types of disputes, for example:
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- Challenges to the validity of a will, whether on grounds of incapacity, undue influence, forgery, or fraud
- Claims by disappointed beneficiaries to a greater share in the estate under the Inheritance (Provision for Family and Dependants) Act 1975, or to recover assets transferred during lifetime
- Administration disputes, and removal/substation of executors or administrators
Will Disputes
Whether you are contesting a Will or defending a Will claim, our expert team can assist you.
The main grounds to contest a Will are:
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- Lack of testamentary capacity
- Lack of knowledge and approval of the Will
- Undue influence or duress
- Fraud or forgery
- Rectification and construction
- Lack of due execution (i.e., lack of formalities – Will must be written, signed and witnessed)
Probate & Estate Disputes
Contentious probate is any dispute relating to the administration of a deceased estate whether you are an executor or a beneficiary at any stage of the administration of estate, such as:
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- Actions to remove executors
- Application to court for directions
- Application for delivery up of assets held by executors/beneficiaries
- Application to issue caveat, warning off caveat or entrance
- Application for an inventory and account
Inheritance Act Claims
If you have been left out of a Will or the lack of a Will has left you struggling financially, you may be entitled to bring an Inheritance Act Claim.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim financial provision from an estate. A surviving spouse or civil partner is entitled to such financial provision as is reasonable in all the circumstances, whether or not it is required for their maintenance.
Anyone else claiming under the Inheritance Act is entitled to such reasonable financial provision as is necessary for their maintenance, as long as the estate can provide it.
Trust Disputes
We advise trustees and beneficiaries on a range of trust disputes, including:
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- Onshore or offshore trust disputes
- Actions to remove trustees
- Disputes between trustees
- Disputes between beneficiaries
- Claims by or against trusts
- Queries regarding trust assets
- Variation of trusts