Inheritance Disputes
Occasionally, despite careful planning, disputes arise in relation to a Will or the management of a trust or estate, and dealing with these can be extremely distressing. This is a complex and specialist area of law and Ashfords is one of the few law Firms in the United Kingdom that has a specialist team of solicitors with the relevant knowledge and experience to handle Trusts and Estates Disputes.
Our team of experts can deal with any dispute regarding the management or maintenance of a trust or trustee relationship, whether created by lifetime disposition or by Will or on an intestacy.
Our aim is to find solutions and avoid litigation if possible. We have extensive experience negotiating these disputes by mediation and other forms of Alternative Dispute Resolution (ADR).
We act for individual clients, trusts and estates across the country.
- Challenges to the validity of wills for undue influence or for want of mental capacity;
- Advising on inheritance act claims; and
- Advising on how to remove or defend a trustee for breach of duty.
Recent work undertaken includes:
- Advising on a claim for a non-married partner who had not been sufficiently provided for under a Will;
- Handling a dispute as to implied severance of shares in property;
- Defending a proprietory estoppel claim where a deceased person had allegedly broken a promise to provide for a person in a Will;
- Claims against estates and trusts;
- Mental Capacity and undue influence claims;
- Advising Trustees on an application to provide for payment of litigation fees from a trust fund ('Beddoe applications');
- Making an application to the High Court to remove trustees under a Will Trust; and
- Handling a mediation on an undue influence claim.
Recent articles
- What are the Intestacy Rules?
- Contested Wills: Rectification is only available for 'clerical errors'
- Privileged Wills - What are they and when are they valid?
- Mutual Wills - still alive and well
- Will disputes - a busy time for the RSPCA
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News and Publications
- Costs in probate disputes - think before you leap!
- A tale of two wills and two countries
- Trust disputes - Removing a trustee: the dangers of rebound.
- Privileged Wills - What are they and when are they valid?
- Contested Wills - a reminder: Rectification is only available for 'clerical errors'
- What are the Intestacy Rules?
- A sensible approach to Trustee Act powers.
- The Court of Appeal gets tough on a Personal Representative
- Law Society Guidance on Disputed Wills
Additional Information
News and Publications
- Costs in probate disputes - think before you leap!
- A tale of two wills and two countries
- Trust disputes - Removing a trustee: the dangers of rebound.
- Privileged Wills - What are they and when are they valid?
- Contested Wills - a reminder: Rectification is only available for 'clerical errors'
- What are the Intestacy Rules?
- A sensible approach to Trustee Act powers.
- The Court of Appeal gets tough on a Personal Representative
- Law Society Guidance on Disputed Wills