Contentious estates

...a recognised leader in contentious estates...

 

Chambers & Partners, 2012

With increasingly complex family relationships, greater personal wealth, cross-border movement and a heightened awareness of legal rights, will and inheritance disputes are increasingly common.

Our Contentious Trusts and Estates Team has extensive experience of handling a diverse range of probate and estate disputes in the UK and in other jurisdictions. We regularly advise on claims relating to the construction and rectification of wills as well as capacity issues. We also have particular experience of disputes about what assets form part of the estate, including claims based on community property and forced heirship principles. We have also been involved in some of the leading cases in the Court of Protection.

We advise both claimants and defendants in respect of claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. We understand the sensitivities involved in family disputes and will seek to provide objective and clear advice with a view to achieving a swift and pragmatic resolution to the dispute whether by litigation or alternative dispute resolution.

Key cases:

  • Re P [2009] 2 All ER 1198 (Application of “best interests” principle in relation to statutory will applications). 

Some examples of publications by the team include:

  • co-editing Trusts & Trustees – published by Oxford University Press – see link http://tandt.oxfordjournals.org/
  • STEP Certificate in Trust Disputes – course materials –  see link  www.clt-stepdisputescert.co.uk
  • “A Practical Guide to the Transfer of Trusteeships” published by STEP – 2nd edition published 2011

Briefings

01 April 2014 When Wills Go Wrong Adam Carvalho
11 February 2014 Contested Wills: Knowledge and Approval in Brennan – v – Prior Adam Carvalho
14 August 2013 Prest: a guide to the emerging principles Kate Allass
View all briefings

More information

For more information contact one of our specialist advisers below or visit our Press office.