Wills and Probate Disputes

Disputes relating to wills and the administration of estates, often referred to as contentious probates, are disputes concerning testamentary documents, the process of administration of an individual’s estate when they die and disputes relating to grants of representation, which confer a legal right on personal representatives to deal with property, money and possessions. Our solicitors advise beneficiaries, executors, trustees and administrators on all aspects of contentious probate.

Recent and current cases include

  • Acting for the beneficiary of a will of a relative under the care of the Office of the Public Guardian in a successful contested application to the Court of Protection to re-write the will.
  • Acting for beneficiaries against the personal representatives of an estate for an account where there has been unreasonable delay.
  • Acting for a relative in a claim against an estate for repayment of a loan.
  • Acting for a relative in a dispute as to whether an interest in an estate is personal or proprietary.
  • Acting for a lender seeking to recover funds from the estate of a deceased proprietor.

Our experience

  • Challenging the validity of a will as a result of fraud, forgery or undue influence, lack of mental capacity or lack of legal formalities for the valid execution of a will
  • Contesting the provisions or interpretation of a will
  • Estate administration (delay, inaction, negligence or fraud)
  • Distribution of assets
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Intestate estates and consideration of the intestacy rules and challenges to the statutory framework for intestate estates
  • Disputes between personal representatives
  • Disputes between trustees, executors and beneficiaries
  • Legal duties of executors and trustees
  • Personal liability of personal representatives (trustees and executors)
  • Removal of executors and trustees
  • Protection and enforcement of beneficiaries’ rights
  • Renunciation of Probate
  • Will trusts, constructive trusts and estoppel