Probate, Inheritance and Trusts Disputes

Probate, inheritance and trust disputes are some is one of the fastest growing areas of work in the Business and Property Court and for our Dispute Resolution team.

Many people assume that when somebody makes a Will, that this Will is final and that they are stuck with its contents whether they like it or not. That is not necessarily the case.  Court statistics show that more and more people are beginning to challenge Wills. There are several reasons why a disappointed beneficiary or family member might want to challenge a Will. These include the fact that:

  • the Will may have failed to leave reasonable financial provision for somebody;
  • the Will was made at a time the deceased lacked mental capacity;
  • the deceased has been put under pressure to make their Will; or
  • the Will was not signed and witnesses correctly.

Whether you are an executor or beneficiary, our Dispute Resolution team provides specialist advice and assistance in relation to all estate administration disputes.

Our team is frequently instructed to deal with:

  • applications for the removal of an executor;
  • claims if the Will has failed to leave certain individuals such as spouses, children; (including adult children) and cohabitees with reasonable financial provision;
  • bringing and defending claims on behalf of an estate;
  • citations to accept or refuse probate;
  • applications to issue and warn off caveats; and
  • applications to the court for directions regarding the administration of an estate.

RECENT HIGHLIGHTS OF WORK

  • pursuing a claim on behalf of a beneficiary and an executor to force the sale of assets of an estate worth £850,000
  • successfully obtaining an order that an assent signed between a brother and sister vesting title to their mother’s property worth £600,000 in unequal shares be rectified
  • bringing proceedings on behalf of a widower who had not been provided for in the Will of his late wife, who had left an estate worth £450,000
  • obtaining an order that the executrix of an estate exhibit upon oath a true and perfect inventory of the estate and render an account of the administration of the estate to the Court
  • acting on behalf of a beneficiary defending proceedings brought against the estate of his late father worth £325,000 for reasonable financial provision

If you would like advice on an estate administration dispute or any other inheritance or trust dispute, please contact our team on 01226 210000, or by e-mail at gstaves@mkbsolicitors.co.uk for a free, no obligation chat to see how we can help you.