Contentious Probate

We are experienced in dealing with all types of disputes arising out of the drafting of wills and the administration of estates, including the following:

• Bringing and defending proceedings challenging the validity of a will on the grounds of lack of due execution, testamentary capacity, or undue influence.
• Pursuing and defending proceedings brought under the Inheritance (Provision for Family and Dependants) Act 1975 where a will failed to make adequate provision for an individual.
• Bringing and defending proceedings for the removal of an Executor.
• Bringing and defending proceedings against professionals involved in the drafting of wills and/or the administration of Trusts and Estates.
• Bringing and defending proceedings concerning the ownership of property that purports to pass under a will.

Recent examples of cases undertaken by the team include the following:

• Successfully representing beneficiaries in an application to remove an Executor who was acting beyond the scope of his powers and in contravention of the wishes of all the beneficiaries.
• Pursuing a successful application on behalf of the Life Partner of a Testator who failed to make adequate financial provision for that person under her will.
• Successfully defending a challenge to the validity of a will on the basis that the Testator lacked testamentary capacity and had been subject to undue influence by his (new) wife.
• Acting on behalf of beneficiaries in defending a claim of ownership of certain properties passing under the will by the Testator on the basis of proprietary estoppel.