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 under the Inheritance (Provision for Family and Dependants) Act (1975) - where inadequate provision has been made in a will.
- 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; and, 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.
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.
- Depending 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.
