Our experienced and dedicated contentious probate team have the capability to deal with all disputes arising out of Wills and probate, including:
- Bringing and defending proceedings where inadequate provision has been made in a will, under the Inheritance (Provision for Family and Dependants) Act (1975)
- Challenging and defending wills on the basis of wills that lack due execution; testamentary intention; capacity; knowledge and approval; and on the basis of undue influence.
- Resolving disputes between executors and beneficiaries, including: both bringing and defending applications for the removal of executors; where the provisions of a will are unclear, applying for directions as to the implementation of the terms of a will and the construction of clauses of a will.
- Advising and litigating in relation to the negligent drafting of wills and administration of estates.
- Challenging and defending the ownership of property on the basis of constructive trust and proprietary estoppel claims in the context of will disputes.
Please click here for information on trust disputes.
Work experience/case studies:
- Acting on behalf of a variety of private individuals, including spouses, former spouses, dependants and adult children in claims against wills where sufficient provision has not been made.
- Defending applications brought by disgruntled co-executors and beneficiaries in multi-million pound estates for the removal of executors and for the substitution of new executors.
- Acting on behalf of a beneficiary who helped draft a deceased's will which left him the majority of the estate in defending a claim brought by the other disappointed beneficiaries against the will on the basis that the deceased was unduly influenced or lacked the necessary intention to execute the will.
