View Profile
This is an umbrella term that refers to a range of disputes and issues that may arise after someone’s death.
The scope of such disputes is extremely wide, but some typical examples are:
Validity
If you can show that the deceased lacked the legal capacity to make their will; was unduly influenced into making it or neither knew or approved of its contents, then its validity could be challenged.
Inheritance (Provision for Family and Dependents) Act 1975
Where a will (or intestacy) fails to make reasonable financial provision for a spouse, civil partner, child, cohabitee, relative or someone otherwise financially dependent on the deceased, then a claim could be made against the deceased’s estate.
Estate administration disputes
The executors of an estate have various duties – the most important one of which is to ensure the estate is properly administered. Is the executor wasting assets? If you are a residuary beneficiary is the executor failing to provide you with information despite repeated requests to do so? Are you concerned that the executor has a conflict of interests because they are both executor and beneficiary? Is you co-executor making decisions that you should be making jointly? Is the administration of the estate taking too long? There are many ways in which we can help you whether it is to remind executors or their duties or invite to court to remove or replace them.
Trust disputes
Are the terms of the trust ambiguous? Is there disagreement over who the beneficiaries should be, or the type of trust involved? Are the trustees in breach of their legal duties? Have they failed to take proper investment advice? Do their duties conflict with their own personal interests? Alternatively, are you a trustee concerned about being exposed to a claim because of a decision you have made?
Whatever your contentious probate dispute, we will actively encourage you to resolve it without recourse to the courts. Alternative Dispute Resolution is an important process that could
In 2017 we received the Law Society’s prestigious Excellence in Private Client Practice award for our work in this area of law.
We can provide different pricing options depending on your budget and we are happy to have an initial chat without obligation – contact us today.
Testimonials
Craig and Shirley at Wollen’s have supported us throughout a particularly tricky matter, where usual routes of communication were not possible. The advice that we were given was always very clear and concise and we found Wollen’s very responsive to any queries or concerns. They were conscious of the weighty emotional element involved but very mindful of removing the emotion from decision making processes, which made it easier to see the bigger picture. I would certainly recommend to friends or colleagues requiring legal support.
Mr Smith is exceptional at keeping his Client’s informed and seeking to reassure them on every matter — on question is too small or too large to trouble, Craig Smith.
We were instructed by a claimant in challenging the validity of a will on the basis of undue influence, pleading proprietary estoppel in the alternative.
Instructed by a beneficiary to (successfully) obtain a section 50 Administration of Justice Act 1985 order removing an executor due to historic conduct towards our client.
Get in Touch
Please complete this form so we can help assist you. A member of our team will get back to you shortly.
"*" indicates required fields
