Services : Will, Trust & Probate Disputes

Overview

Our lawyers are able to provide an expert and comprehensive service. We are one of the few firms in the South West region able to offer first class support and advice where there is a need to resolve issues, whether in the United Kingdom and in the United States, arising in a contested estate or disputed trust. We combine our detailed knowledge of succession law, equitable principles litigation and negotiation skills and using our experience where possible to diffuse difficult and what can be emotionally charged situations.

Work encompasses:

  • Inheritance Act claims, dealing in a practical way with claims under the Inheritance (Provision for Families and Dependants) Act 1975 acting both for individual claimants, seeking a greater share of an estate, and for beneficiaries, working where possible to achieve a negotiated settlement.
  • Other Will and legacy disputes, where, for example, a vulnerable person has not understood the full implications or has been improperly influenced or there are circumstances which give rise to a claim based on constructive trust or proprietary estoppel
  • Claims against executors & administrators, whether from beneficiaries, creditors or other third parties.
  • Claims against trustees, advising both trustees and beneficiaries in trust disputes including breach of trust or fiduciary duty. We also help with applications to the court for guidance in resolving particular problems.
  • Negligent will drafting providing solutions, where, for example, a Will does not reflect the true intentions of the testator, fails to comply with the requisite formalities or has been made by a person who lacks the necessary mental capacity
  • Restructuring of trusts, for example, under the Variation of Trusts Act 1958 or the Trustee Act 1925.
  • Incapacity/Court of Protection
  • Cross border issues with particular reference to the USA

Key Contacts:

Lee Hamer: lee.hamer@bennettlaw.co.uk

Hannah Wallington: hannah.wallington@bennettlaw.co.uk

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