Trusts, Wills and Probate Disputes

Expert legal advice

Mundays’ Trust and Estate Disputes team works closely with the firm’s Private Wealth Department to provide specialist advice and assistance to a wide variety of clients. The team is led by Stephen Morris, who is head of Mundays’ Dispute Resolution Department.

As a qualified mediator, Stephen uses not only the traditional resolution process but also alternative methods such as negotiation or mediation.

We appreciate that disputes involving wills and trusts usually involve private and family concerns and such disputes by their nature require sensitive handling. On receiving instructions, we work with you to identify the issues and the aims and objectives of all parties. We then consider with you the strategies and procedures which might be most effective in leading the way to resolution.

Will and Estate Disputes:

We act for beneficiaries, executors and third parties in all aspects of contested probate, including both “friendly” applications to court for directions on behalf of executors and “hostile” litigation, including:

• Capacity issues
• Variation and rectification of wills
• Inheritance disputes (including applications under the Inheritance (Provision for Family and Dependants) Act 1975)
• Challenges to the validity of wills
• Disputes between beneficiaries
• Administration of estates
• Recovery of property
• Removal/replacement of executors or personal administrators

Trust Disputes

We act for trust companies, individual trustees and beneficiaries. Our areas of specialism include a wide range of trust and fiduciary disputes including:

• Variation of trusts
• Breaches of trust
• Removal of trustees
• Actions by and against trustees
• Rights of beneficiaries/creditors
• Constructive trust claims

Other Disputes

Our specialist knowledge also includes:

• Applications to the Court of Protection
• Claims against professional advisors