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Disputed wills, trusts and estates solicitors

A dispute over a family member's estate can be a difficult and emotional time. You need timely, efficient and expert resolution of the dispute. Our leading disputed wills, trusts and estates solicitors can help.

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Society of Trusts and Estate Practitioners

The right trust arrangement can protect your wealth for future generations. Unfortunately, many people fail to put their affairs in order before they pass away. The result can be that their families fall out over who should inherit what and there can also be questions over the validity of Wills.

Even when careful planning has taken place, things can go wrong. Executors of estates and Trustees of trusts may not carry out their duties correctly or may disagree amongst themselves about how to proceed. Sometimes, court action may be required to resolve disputes. On death, it may become apparent that someone who was supposed to be looking after the deceased’s affairs during their lifetime (the Attorney) wasn't doing so correctly. This can lead to the Executors challenging steps taken by the Attorney.

Our Disputed Wills, Trust and Estates solicitors have vast experience of all these disputes but, more importantly, we know how to avoid them in the first place. Drawing on expertise from across the firm, we aim to resolve issues as smoothly as possible, at what can be a very trying time.

Our expert Will dispute solicitors are based in both England and Wales and Scotland.

Frequently asked questions on Will disputes

  • I am a family member who has been cut out of a Will. Can I claim?

    If you haven’t been left anything or very little under a Will (or on an intestacy) then you may be able to claim. In England and Wales it would be under the Inheritance (Provision for Family and Dependants) Act 1975 which is commonly referred to as the Inheritance Act

    Husbands, wives, civil partners, ex-spouses, cohabitees, dependants and children of the deceased are all entitled to claim.  Our expert team would be happy to discuss how to make a claim under a Will if you have not been named as a beneficiary.

    Claims can also be brought in Scotland under different legislation.

  • Can I contest or challenge a Will?

    In certain circumstances you can contest the validity of a Will if you believe it was made as a result of undue influence, or where the deceased lacked mental capacity to prepare a Will or did not know of and approve of the contents of the Will.

     

  • I am a beneficiary of a Will and I am unhappy about how the estate is being managed. Can I do anything?

    The first thing to consider is to try to resolve any concerns with the executor of the estate.  It is also possible to apply for an inventory and account for information about the extent of the estate.  As a last resort, you can apply to remove or replace an executor if they are acting unreasonably in the administration of an estate.  The removal of an executor would involve a court hearing and evidence would need to be provided about the way the administration of the estate has been handled if the executor will not agree to stand down voluntarily.

     

  • Will I have to go to court to challenge a Will or trust?

    You would not normally need to go to court if the proceedings are uncontested or if you are able to settle the dispute.  All our solicitors are highly trained in alternative dispute resolution and mediation and we have a high success rate of settling disputes without the need for court proceedings. If we are unable to settle the case you may need to attend court to provide evidence in relation to your dispute. 

Our Will dispute services

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Our Will dispute lawyers

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David McGuire

Principal Associate

+44 (0)161 214 0523 Email David View Profile

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