Disputed trusts and wills
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Contentious trusts and probate
After death, conflicts often arise when disgruntled relatives and disappointed beneficiaries suspect foul play or when those tasked with dealing with the deceased's affairs do not properly perform their duties.
We know that contesting a will can be time consuming; not only for prospective beneficiaries but also for personal representatives and professional advisers. By understanding why and how a will can be challenged, you might prevent future claims and avoid family disputes.
It is a common myth that you can distribute your assets as you wish, so long as you have written a will. Wills can be challenged in court and they can be declared invalid for various reasons. Whilst you may wish to exclude some beneficiaries, such as a spouse or children, and leave everything to a cause close to your heart, family members may have the legal right to contest your last wishes.
In addition to challenging the validity of a will, certain people can also make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, (“Inheritance Act”) which may be relied on by a spouse, partner, children and dependants to bring a claim against your estate.
Our contentious probate lawyers can guide you through this complex area of law. We have successfully achieved settlement of a variety of court actions including substantial High Court litigation regarding the validity of wills, claims under the Inheritance Act and applications to remove personal representatives from their roles as executors and administrators.
We offer valuable support to clients at this difficult time and can provide advice concerning all probate claims, whether involving forgery or fraud, undue influence, capacity or execution.
Our disputed trusts and wills solicitors are independently ranked in the region for client service by The Legal 500 client guidebook.
B P Collins' reputation continues to excel in the legal directories. The firm is recognised as a regional heavyweight, many of our services are tier one and lots of our lawyers are recognised as either leaders in their field or next generation lawyers.
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