Contentious Wills Trusts and Probate
Our specialist Contentious Wills Trusts and Probate team is able to deal with any dispute arising out of a will or in the administration of an estate. The team is headed up by Iwan Doull, one of only four members in Wales of the specialist Association of Contentious Trust and Probate Solicitors (ACTAPS). Our team also regularly deals with trust disputes, claims under the Inheritance (Family and Dependants) Act, Powers of Attorney and matters in the Court of Protection.
Bereavement is difficult enough, but sometimes tensions can arise between family members which lead to unavoidable conflict. Our specialist Contentious Wills Trusts and Probate team can help you through these difficult times.
As a part of the Dispute Resolution Department, we work closely with the Non-Contentious Probate team to ensure that an early consideration is given not only to your case, but to your concerns and objectives. Bearing in mind the circumstances in which these disputes arise, we actively encourage early ways of resolving disputes and the team includes a qualified mediator. However, if the matter has to go to court, we have extensive experience of dealing with matters in the County and High Courts as well as the Court of Protection in London.
If you believe you may have a claim, you should seek assistance as soon as possible as delay could harm your claim. For example, if you may have a claim that you have not had a reasonable financial provision made for you in a Will, such a claim can only be made within 6 months of the date when a grant of probate was obtained for that Will.
We will always aim to provide an analysis of the cost benefits to you of dealing with a claim and in appropriate circumstances will consider acting on a “no-win no-fee” (CFA) basis. If you would like us to consider your claim, without any obligation, please click here to complete our online enquiry form and we shall ensure that we contact you as soon as possible.
Examples of how we have been able to help our clients are set out below:
- Acted for the widow in a claim against her late husband’s Estate (worth in excess of £2.0 million) for lack of reasonable financial provision for her in his Will. We secured a half share of the Estate for her, increasing her share by almost 1000% in value terms.
- Successfully defended the executors to an Estate in from a claim in the High Court brought by the deceased's widower that reasonable financial provision had not been made for him in his late wife’s Will. The claim was dismissed and an Order for Costs made in our client’s favour.
- Acted in a claim in the High Court by daughter challenging the validity of her father’s Will on the basis that he lacked capacity, undue influence and that it did not make a reasonable financial provision for her. The claim was settled out of Court in our client’s favour.
- Defended the executor and beneficiary of a Will (who also happened to be a solicitor and the daughter of the deceased) in a claim in the High Court brought by her father’s second wife for claim that his Will did not make a reasonable financial provision for her. The matter settled amicably at mediation.
- Successfully overturned a Power of Attorney granted to our client’s sister by their father on the grounds that he did not have the capacity to grant that to her and undue influence/duress. We successfully obtained an order in the Court of Protection that an independent Guardian be appointed to protect our client’s father’s interests.
- Successfully challenged a Will and Trust, resulting in the executors and beneficiaries agreeing to vary the Will in our client’s favour.
- Defended the executors to an estate in a claim brought against them in the High Court by their deceased’s father’s second wife. The matter was settled out of Court on terms favourable to our client.
- Recently been instructed by spouse in a complex multi party dispute over a high net worth estate in which claims are being made by the husband’s former business partners and his companion.
- Currently acting in a challenge to a Will on the basis that the deceased did not have the mental capacity to make the Will (she was suffering from dementia) and was unduly influenced by her husband and eldest daughter to change her Will.
Contact
We are always willing to discuss matters on an initial no obligation basis, should you require further information please click here for our enquiry form.