CONTENTIOUS PROBATE SOLICITORS

Disputes over Wills, estates, trusts, powers of attorney and deputyships are often emotionally charged and complex. If you are concerned about the validity of a Will, believe an estate has been mishandled by executors or attorneys, or feel you have been unfairly left out, our private wealth disputes specialists can help you protect your interests.

We act for beneficiaries, executors, trustees,  administrators, deputies and attorneys providing clear advice and strong representation at every stage of a dispute.

The team is also happy to give guidance to and take instructions from lawyers, professional advisers, Will writers and other estate administrators who need advice on this specialist area of expertise, or who cannot assist on a matter due to conflict issues.

 

Key Contacts

Emily Prout

Partner 01793 412 549

Robert James

Partner 0117 374 9614

Georgia Wookey

Senior Associate 01173 382 332

Will, inheritance and estate adminstration disputes

  • Challenging the validity of a Will (for example, on grounds of coercion (known as undue influence),lack of mental capacity, lack of knowledge or approval of the Will, incorrect legal formalities or forgery)
  • Inheritance Act Claims – where a family member may have been excluded from a Will (or the rules of intestacy) or left insufficient funds to meet their needs.  
  • Problems with the administration of an estate – if the administration of an estate is being progressed too slowly or there are concerns about the executors / those administering the estate, steps can be taken to replace the Executors and recover any losses to the estate.
  • Contesting or defending charity legacies

Deputyship and Power of Attorney

  • Applying to the Court of Protection for Deputyship Orders
  • Misuse of a Power of Attorney – either investigating claims during a person’s lifetime or after their death where concerns come to light.
  • Advising in investigations by the OPG – acting for deputies or attorneys being investigated.
  • Court of Protection disputes – during a protected party’s lifetime, there could be concerns about a Deputy’s appointment or management of the individual’s property and financial affairs or dispute relating to a statutory Will or gifts being made.
  • Trust disputes and concerns about the administration of trusts– there may be concerns about the trustees’ management of the Trust or distributions which have or have not been made. We can help assess the Trustees’ management and advise.
  • Removal of trustees – because they not performing their roles correctly, or cannot work together in the best interests of the Trust.

Professional negligence claims

  • Involving poorly drafted Wills or Trusts, or the way in which a professional has managed the adminstration of an estate or Trust .

Proprietary estoppel claims


    • Where promises about property have been broken and a will fails to record the lifetime promises made.

DELIVERING A STRATEGIC APPROACH

We understand that disputes over a loved one's financial affairs both before and after death require a balance of firmness and sensitivity. Whether you are a beneficiary, executor, trustee, administrator, attorney or deputy we offer bespoke guidance with the aim of resolving your dispute swiftly and cost-effectively.

We invest time in understanding your circumstances, so that we can see the full picture. Court proceedings are a last resort; wherever possible, we aim to achieve a resolution through negotiation, mediation, or other alternative dispute resolution services.

If you seek a conciliatory or a robust approach, we tailor our strategy to suit your goals. Our experienced lawyers, many of whom are full members of the Association of Contentious Trust and Probate Specialists (ACTAPS) or working towards that goal, have a track record of achieving successful outcomes for our clients.

We also work closely with our colleagues in different teams across Thrings including Private Client, property and corporate/commercial teams to provide comprehensive advice and support across all aspects of personal wealth and estate management.

Our Contentious Probate team has been involved in a number of high-profile cases, including:

  • Acting for beneficiaries in a claim for breach of trustees’ duties relating to a multi-million pound trust.
  • Defending a multi-million pound financial provision claim brought by a widow under the Inheritance (Provision for Family and Dependants) Act.
  • Challenging lifetime and post-death gifts based on an individual’s lack of mental capacity.
  • Acting for a beneficiary to defend a will against allegations of undue influence.
  • Successfully appealing a professional negligence claim relating to the drafting of a will.
  • Securing the removal of an executor in a dispute over the administration of an estate.

If you are facing a dispute over a Will, trust or estate, contact our contentious probate team today. We will listen carefully to your concerns and advise you on the best way forward.


Contact

Thrings is commended by clients for its “extremely knowledgeable team who go the extra mile” and as “outstanding”. Independent legal directory. Legal 500

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