Contentious probate and trust disputes

Our contentious wills, probate, estates and trusts team has extensive and specialist experience in dealing with all types of disputes, both within England and Wales and internationally. We act for beneficiaries, executors and trustees – including individuals, trust companies and other organisations such as charities.

Resolving complex will and trust disputes

Whether you have concern about the validity of a will, the way in which an estate or trust is being administered or have not received what you expected from an estate, Penningtons Manches Cooper’s contentious private client solicitors can help. We will quickly advise on the options available to reach a solution for you at what is often an emotionally difficult time. We will also provide detailed information on costs and funding options.

By becoming involved at an early stage and by giving tailored advice, we can offer practical solutions to defuse conflict. We aim to resolve matters by negotiation, mediation or other methods of alternative dispute resolution where appropriate and possible. However, when court proceedings cannot be avoided, we ensure that they are conducted professionally, skilfully and as cost effectively as possible.

We recognise that many cases by their very nature involve members of the same family. With our sensitive and careful approach, we aim to ensure that family relationships are maintained throughout any disputes, while still protecting our clients’ interests.

The cost of obtaining legal advice and pursuing or defending legal proceedings in the event of a dispute is often the issue of most concern to clients. Our contentious private client solicitors can advise on various different options for funding, discuss those with you, and give you clear costs estimates before we start.

A first-rate reputation, handling cases with calm diplomacy.

Legal 500

It is increasingly common for people to have insurance cover for legal expenses attached to their household buildings and contents insurance, motor insurance policy or even certain bank or credit card services. This is the first option for funding legal costs that we frequently advise clients to explore.

Our contentious wills, probate, estates and trusts team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP), ensuring that our clients benefit from the highest standards in this complex area of law.

Useful resources

Recent work highlights

Successful High Court ruling

Defending a High Court claim against a vulnerable client by a claimant who was a former carer of the client. The court ordered that she repay money and replace documents improperly removed by her.

Removal of trustees from trust after disagreements

Advising on the removal of trustees in a situation where the trustees were persistently unable to agree on key actions to be taken in relation to the trust.

Inheritance claim by disabled son

Mediating a claim under the Inheritance (Provision for Family & Dependants) Act 1975 on behalf of an adult child who suffered from a minor disability and was left nothing in his late mother’s will.

Claim against estate by adult son

Representing a client who was left almost nothing under his mother’s will. The bulk of her estate, which was worth approximately £1.5 million when the proceeds of various life policies were taken into account, was left to our client’s brother and his family.

Assistance for executors in contentious estates

Acting on behalf of executors in several cases where they faced claims, typically from a spouse or cohabitant of the deceased, on the grounds of reasonable financial provision not being made for them from the estate.

Surviving cohabitee rights

Acting for a cohabitee whose partner died without leaving a will and who therefore inherited nothing from his estate. We have also successfully challenged a will which left provision for a cohabitee, but which was not adequate for him.

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