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Contentious Probate

Working very closely with our leading Private Client team we offer a wealth of expert knowledge and experience in the specialised field of inheritance disputes, disputed wills and trusts, and contentious probate.  This may involve the formation and structure of wills and trusts and their administration as well as disputes between the executors/trustees and the beneficiaries.

With extensive in-house knowledge on all aspects of trust law as well as personal taxation, property law and dispute resolution, we are able to offer pro-active and cost-effective solutions to what can be complicated and difficult disputes.

We have considerable experience of dealing with a wide variety of disputes in this area including: 

  • bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • challenging and defending wills on the grounds of lack of due execution, testamentary intention, capacity, knowledge and approval or as a result of undue influence
  • resolving disputes between beneficiaries and executors/trustees
  • advising and litigating in relation to the negligent drafting of wills and the administration of estates/trusts
  • actions for or against negligent and/or fraudulent trustees/executors
  • actions concerning the construction of wills and trusts
  • actions for variation and rectification of wills and trusts
  • contentious applications to the Court of Protection including in relation to Statutory Wills
  • applications to remove or substitute executors or trustees
  • entering caveats and clearing cautions
  • challenging and defending ownership of property on the basis of resulting and constructive trusts and proprietary estoppel

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