Contesting a Will or Trust

How we can help

We take the time to get to know our clients. We like to be aware of the full history of your dispute, so that we can understand how it arose, what is driving it and how settlement might be reached. We also ensure we appreciate what is important to you and what outcome you are hoping to achieve, and we keep this regularly under review.

We have a large team of nationally recognised experts across our four offices. We are ranked in both Chambers and Legal 500 . Our team is regularly sought out to advise on complex disputes for charities and trustees.  We have been Cancer Research UK’s preferred legal supplier for disputed legacies for over eight years.

We work closely with you from the outset. Seeking legal advice at the earliest opportunity is crucial because it ensures you make informed, strategic decisions about your dispute from the start, giving you the best chance of success.

Our lawyers are skilled at handling sensitive matters and understand that there are many factors at play in these types of disputes, both financial and non-financial. Our team of knowledgeable and experienced lawyers will support you throughout your dispute, alleviating the burden on you.

We settle disputes out of court where possible. We use Alternative Dispute Resolution (ADR) methods whenever appropriate, regularly representing our clients at mediations to resolve their disputes, which saves our clients the time, money and stress of having to go to trial. It also means that the dispute can be settled in a confidential way between family members. We are nonetheless experienced in taking matters to trial when needed.

We offer clear costs advice and discuss funding options with you from the outset. We will always tell you how much we expect a dispute to cost. We will also discuss with you whether costs can be paid from the estate or trust.

If you have any concerns about a will, an estate or a trust, there are steps you can take and we can advise you on your legal rights and appropriate actions. Please do not hesitate to contact a member of our team to discuss your concerns or find out more.

Who we can help

Beneficiaries and Family Members

• Contesting a will.  We regularly act for claimants and defendants in challenges to the validity of a will. For example, this might be for a lack of capacity, the will not having been signed or witnessed properly, undue influence or coercion.
• Being left out of a will. We assist people who have been unexpectedly left out of a will to obtain financial provision from the estate. We also act for beneficiaries in defending these types of claims.
• Challenging an executor or trustee's decisions. Disputes frequently arise about the way in which an estate or a trust is being managed and we are well-placed to advise on these types of disputes, including seeking the removal of an executor or trustee where needed.
• Mistakes in wills. Sometimes the way in which a will or trust has been drafted is not clear and there are questions over what the will (or part of it) really means. We have particular experience in investigating these types of issues and in seeking declarations from the court as to the meaning of the will or trust deed.

Executors, Administrators and Trustees

• Mismanagement or breach of trust claims. If you're being accused of mishandling estate or trust assets or failing to distribute the assets correctly, we can provide you with robust advice to protect your position and deal with the dispute. 
• Beddoe Relief. We advise executors and trustees on protecting their position when involved in litigation and will consider whether an application for Beddoe Relief (court protection on costs) is required.
• Replacement executor's and trustees. Our trust corporation acts as a professional replacement personal representative or trustee where it has been necessary to remove the existing ones.
• Difficulties arising in the course of administration. Personal representatives and trustees can sometimes find themselves faced with difficult decisions for which they need to seek court direction. We are experienced in assessing these situations and bringing court applications where necessary.
• Disclosure of information to beneficiaries. The rules and guidance around what should be disclosed to beneficiaries upon request is complex and we provide support to office-holders when faced with these requests.

Property Ownership Disputes

• Proprietary estoppel. Occasions arise, often in a farming context, where someone has positioned their life and acted to their detriment in reliance on a promise that they will one day inherit a property. Where that promise is not fulfilled, the disappointed beneficiary can bring a claim to seek to have that promise enforced.  
• Co-owned property claims. Sometimes it is not clear whether someone has an interest in a property or what the size of their interest is. We can assist you to bring a claim under the Trusts of Land and Appointment of Trustees Act 1996 for a declaration as to your interest in the property.

Charities

• Legacy protection. We act for many major charities where they are beneficiaries of an estate or trust and involved in litigation.
• Estate administration problems. We are also used to sensitively handling cases where the estate is not being administered correctly.  We offer specialist advice on charity-specific matters such as tax, real estate legacies, ex-gratia payments, cy-près schemes and Royal Sign Manual procedure, and we can support you with applications to court or to the Charity Commission for schemes.

Court of Protection

• Contested appointment of deputies or attorneys. Our team routinely brings and defends objections to the appointment of someone to manage a person's affairs.
• Challenges to the management of a person's affairs. We also provide support for investigations into the way in which a person's finances are being managed by those with responsibility for doing so.
• Statutory wills. Our specialist Court of Protection team frequently advises where a statutory will is being drawn up for someone who has lost the capacity to make a will themselves.

Lifetime Financial Abuse

• Lifetime gifts. Elderly and other vulnerable people can be at risk of being unduly influenced into making gifts to people. We can challenge these gifts where they appear to have been obtained through undue influence.
• Fraud. Vulnerable people can also become the victims of fraud. We can investigate the circumstances surrounding a transaction and challenge it where appropriate.