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Wills, Trusts and Probate Disputes

Contesting a Will, challenging probate or disputing an inheritance can be stressful and complex. Our team of specialist lawyers understands that starting legal action is often a last resort and will handle your matter with sensitivity.

We have many years of experience advising and representing individuals in all manner of family issues arising from Will, probate, trust and inheritance disputes and always seek to resolve any dispute using the most practical and cost-effective methods.

Whether you are making or defending a claim, we always place your needs first and formulate solutions best suited to your individual situation. Our trained mediator can also act as an independent mediator in a dispute if required.

We can also advise personal representatives (executors or administrators), trustees on their role and duties in order to avoid potential disputes.

We can help clients with all disputed trust and probate issues (whether claiming or defending) including the following:

Probate disputes

  • Challenges to the validity of a will or codicil
  • Disputes about the meaning of a will or codicil
  • Challenges to the validity of lifetime gifts
  • Applications to remove or replace Executors or Administrators
  • Claims made against Executors or Administrators (including requests for information/documentation)
  • Claims for provision from an estate under the Inheritance (Provision for Family & Dependants) Act 1975
  • Disappointed beneficiary claims – where promises allegedly made by the Deceased about their estate are not fulfilled
  • Mutual will claims
  • Disputes about the size and nature of an estate
  • Claims in professional negligence against will draftsmen or those administering an estate.

Trust disputes

  • Disputes about the validity of a trust
  • Disputes about the meaning of a trust document
  • Breach of Trust claims
  • Applications to remove or replace trustees
  • Matters concerning the disclosure of trust documents and information
  • Applications to the court for directions or sanction.

Our lawyers are based in Kent and London but we act for clients throughout England and Wales, as well as overseas. We are always willing to meet with our clients at any of our offices or, if appropriate, at their home or their place of work. Wherever our clients are based, we ensure we communicate with them in a way that suits them.

In the team we have members of the Association of Contentious Trust and Probate Specialists.

News & Events
10/07/17

Brachers support Breast Cancer Care

Brachers wills and estate planning team recently teamed up with leading health charity, Breast Cancer Care at their monthly support service. Read more

16/06/17

Brachers appoints partner to Contentious Trusts & Estates team

Deborah Cain joins the firm’s growing private client practice. Read more

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Meet the Team

Deborah Cain | Partner

T: 01622 655297 | Email Deborah

Mark Leeson | Partner

T: 01622 655283 | Email Mark

 

View Our People

Recent Experience, Expertise & Articles
17/11/17

ISAs - favourable treatment in estate administration

From April 2018, ISAs will continue to retain their tax-exempt status during the period of estate administration - maintaining the status until the estate has been finalised therefore inevitably reducing the tax payable during the administration period. Read more

17/11/17

Law Society backs alternative Wills

Last week, the Law Society backed alternative Wills being considered by the Law Commission saying that the court should recognise people’s final wishes, even when the current legal requirements for making a Will are not met. Read more

07/11/17

Trump’s ambition to scrap Inheritance Tax in America

Donald Trump’s ambition is to scrap Inheritance Tax (IHT) in America altogether. Read more

07/11/17

Time for a change?: Updating the law of wills

We discuss the Law Commission’s consultation on updating and reforming the law of wills. Read more

18/09/17

Services for individuals and families

Our specialists will work with you to achieve the best outcome for you and your family. Whether it’s advice on planning for your future and protecting your legacy, buying a property or preserving your assets following a relationship breakdown – we’re here to help. Read more

08/09/17

Law Commission recommends reducing age to write a will to 16

The Law Commission has recently recommended that the legal age to write a will should be reduced to 16. Read more

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Key Contact

Deborah Cain

Partner

T: 01622 655297

Email Deborah

Awards
Related services

Probate & Estate Administration

Wills

Trusts

Tax Planning