Will, Inheritance & Trust Disputes
Our team of specialist solicitors have significant experience in dealing with will, inheritance and trust disputes.
Our lawyers are part of the Association of Contentious Trust and Probate Solicitors (ACTAPS) organisation which is the kite mark for this specialist area of litigation.
The team is listed in The Legal 500 directory, with partner Lauren Day being recommended by Legal 500 and noted as being ' excellent'. The team is described as being “prompt, knowledgeable and helpful” .
Our experienced dispute resolution solicitors have expert knowledge in all areas of will, inheritance and trust disputes, including the following:
- Challenging a will (due to lack of capacity, lack of knowledge and approval, undue influence, lack of proper formalities, forgery)
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Challenging lifetime gifts and transactions
- Undue influence claims
- Probate Actions
- Removal of Executors
- Breach of trust claims
- Proprietary estoppel claims
- Court of Protection work
- Statutory Will applications to the Court of Protection
How do I challenge a Will after probate?
If there is a valid claim (for example, if there is a lack of capacity claim, lack of knowledge and approval claim, undue influence claim etc) then it is possible to challenge a Will after Probate. In the circumstances, it is necessary to request that the Personal Representative (i.e. the Executor or the Administrator) does not take any steps to distribute the estate. If the estate has already been distributed, it may be necessary for the Executor/Administrator to inform the beneficiaries that funds may be repayable to the estate in the event of a successful claim. There are also tracing options available if funds have been dissipated.
Can a last Will and Testament be tested?
If there are concerns that the last Will and Testament is not valid or if a person believes that they have a claim against a person’s estate, various claims can be made. Whether a claim has any merit will depend on the circumstances and the evidence available.