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Disputed Wills and Trusts

Disputes in estates have grown in recent years and this trend has been attributed to:

  • increased wealth;
  • increasingly complex family structures; and
  • people in general being more aware of their legal rights together with a willingness to exercise them.

With an ageing population, consequent increases in dementia and other age-related health issues and an uncertain economic outlook ahead this is only set to continue.

Our specialist Disputed Wills and Trusts team can advise on all aspects of disputes arising in an estate or a trust to include claims:

  • regarding the validity of Wills;
  • for reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975;
  • to resolve disputes between executors and trustees, including seeking their removal;
  • relating to professional negligence in Will preparation or estate administration;
  • of proprietary estoppel or resulting and constructive trusts;
  • pursuant to the Trusts of Land and Appointment of Trustees Act for an interest in a property;
  • relating to breach of trust; and
  • concerning the interpretation, and rectification of Wills and trusts.

We can also advise on the validity of lifetime gifts, attorney disputes and contested statutory Will applications.

We act for beneficiaries, executors and trustees and we can advise claimants or defendants.