Trust and Probate Litigation

We are able to draw on the expertise of both our private client and tax departments together with the skills of our litigation department in order to efficiently advise on all aspects of contentious trust and probate matters.

The team handles cases involving challenges to the validity of Wills, undue influence actions, allegations concerning breach of executors’ duties and constructive trust claims.

Contentious probate can be a sensitive area and we have the specialist knowledge to deal with both compassion and sensitivity without losing sight of the commercial reality of the matter.

Typical cases include:

Advising a beneficiary in a complex Inheritance (Provision for Family and Dependents) Act 1975 claim involving a large estate with a complex property portfolio. Advising a guardian as to potential claims by a disabled beneficiary following an attack by family members on the validity of a Will. Advising former trustees about a potential claim being brought against them by a beneficiary in connection with investment decisions taken by them.

Under the Inheritance (Provision for Family and Dependents) Act 1975 a claim may be made against an estate by certain persons for whom no adequate provision has been made. Whether a claim will be successful and the extent of the entitlement depends on the circumstances of each case.

Please note. There is a primary time limit for bringing Inheritance claims of six months from the date of the grant of representation. The law relating to the limitation on claims is complex and the simple message is that if you think you may want to claim, take legal advice as soon as possible. There may also need to be other urgent steps to be taken to protect your position.

For further information contact Ben Hopps in our litigation and dispute resolution team:

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