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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

 

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Recent Experience, Expertise & Articles
10/08/17

Protecting your legacy: Avoid family disputes by getting a plan in place early

It has been a principle of English law for some time now, that where someone has reasonably relied on an assurance or promise to their detriment, the law can step in to prevent an unconscionable outcome if that “promise” is, for whatever reason, not then kept. Read more

14/07/17

Law Commission published consultation on Will reform

Will law needs ‘overhaul’ to reflect modern world says The Law Commission Read more

07/06/17

What is ‘Testamentary Freedom’?

How the concept of testamentary freedom has evolved since 1870 and what can be done to maximise the prospect of enjoying this particular freedom today. Read more

19/05/17

Care fee planning

With the use of effective will planning, you can help protect your family and your estate from care fees, should you need to pay for care in the future. Read more

18/05/17

The importance of a will

If you have been diagnosed with dementia, it's important to ensure you have a will and that is up to date. Read more

18/05/17

Plan early for the future

This week is Dementia Awareness Week, a national campaign supported by the Alzheimer's Society. 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