Disputes over Wills and Estates

No matter how carefully one plans for the future, disputes over the validity of wills and trusts can arise.

Our contentious probate specialists have the experience and expertise required to effectively make, defend, resolve and dispose of claims against the estates and trusts for whom we act.

What our contentious trust and probate lawyers do

Our specialist solicitors can deal with all disputes arising in connection with wills, trusts and the administration of estates including:

  • Challenges to the validity of wills or lifetime gifts
  • Disputes based on allegations of mental incapacity
  • Disputes based on allegations of undue influence
  • Disputes based on allegations of fraud or forgery
  • Disputes based on allegations of negligence
  • Disputes surrounding the administration or dissolution of a trust
  • Claims where inadequate or no provision has been made in a will
  • Claims where inadequate or no provision has been made as a result of Intestacy
  • Disputes connected with the ownership of property

How our contentious trust and probate lawyers work

Disputes over wills and estates – also known as contentious probate – can be difficult for all parties.

To ensure we support clients fully through these processes, our down-to-earth and dedicated team make good communication a priority.

Clear and pragmatic advice is given in a way which makes it easy to understand, and our proactive approach ensures matters are kept moving at all times.

How we've helped

DMH Stallard were instructed by the spouse of a deceased beneficiary of an estate following an on-going family dispute as to his entitlement. The lay executors of the estate had instructed another law firm to assist them with the administration and proceedings were issued to establish whether agreements made by the beneficiaries were effective in varying the entitlements to the estate.

During the course of litigation, the Court deemed it appropriate to appoint DMH Stallard to act as Administrators to advance the administration, with a view to resolution. The Court ordered that forensic accountants were instructed to identify whether Company funds had been misappropriated by one of the Company directors/beneficiaries. Subsequently, the Company was liquidated and funds paid to DMH Stallard to hold as estate funds. DMH Stallard produced a comprehensive report for the benefit of the beneficiaries detailing unresolved issues and complications in administering the estate, setting out a plan of action. One of the unresolved issues related to the potential development value of estate land. This involved  working closely with the DMH Stallard Planning team and obtaining specialist advice and reports to ascertain the maximum value of the land. The specialist advice received impacted the access rights to the land and will determine the development potential.

DMH Stallard continue to work with the beneficiaries to reach an amicable resolution which we anticipate will involve mediation.

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