Trusts, Wills and Probate Disputes.

At Mundays we have a wealth of experience in dealing with such issues, having acted on a wide range of disputes over many years for executors, beneficiaries and trustees.

Once someone has made a Will, it is often thought that it is set in stone, incapable of change, regardless of whether the provisions seem unfair, wrong or possibly fake.  However, there are many steps which can then be taken which might relate to the validity of the Will or the manner in which an estate is to be distributed.

For example, the circumstances in which a Will was made can be thoroughly investigated in order to determine whether the deceased had the requisite mental capacity, that they had full knowledge of the contents of and approved the Will or had been subjected to duress or undue influence in making it.

It is also possible for those who have not received from the estate sums which fairly reflect what they might have reasonably expected, to review the manner in which the estate was to be distributed and, if their case fits the relevant criteria, to apply to the court for an order which overrides the testator’s stated wishes.

On other occasions it may be that the family members agree that the terms of the Will should be changed and they want professional assistance to ensure this is all done correctly.

Another difficult area is the administration of the financial affairs of individuals who have lost the capacity to deal with them themselves. These situations are often managed through the use of Lasting Powers of Attorney (pre 2007 these were Enduring Powers of Attorney) or through Deputies appointed by the court. In these circumstances disputes can arise between family members and attorneys/deputies which require careful and sensitive handling by experienced professionals. It may be that what is required is an opportunity for everyone to put forward their concerns and attempt to arrive at a solution through negotiations and discussions.

Issues also arise with regard to the administration of trusts, with applications to the court required for the approval or determination of issues which cannot be resolved by other means.

In such matters, it is essential that we operate on the basis of a clear and empathetic understanding of our client’s concerns, coupled with specialist knowledge of the relevant law and practice. This helps us to advise our client’s in a way to achieve a satisfactory outcome in the most cost-effective manner, while at the same time doing what we can to assist the parties to preserve or restore relationships which might well have been fractured as a result of the underlying dispute.

Services We Provide.

  • Advising on the circumstances in which wills have been made including capacity issues and coercion

  • Considering issues around the construction and drafting of a will including professional negligence

  • Claims relating to the distribution of estates pursuant to the Inheritance (Provision for Family and Dependants) Act 1975

  • Advising on disputes arising from the administration of estates, including claims by and against personal representatives and in respect of their appointment and removal

  • Advising on the validity of EPAs and LPAs

  • Applications to the Court of Protection with regard to the registration/operation of EPAs/LPAs

  • Advising trustees and beneficiaries with regard to the administration of trusts.

  • Professional negligence claims arising from the above mentioned practice areas.

  • Considering issues around the validity of wills including forgery

  • Larke v Nugus requests

  • Claims relating to unfair provisions made under a will or intestacy

  • Claims relating under the Inheritance (Provision for Family and Dependants) Act 1975

  • Claims against Executors/Personal Representatives

  • Removing Executors/Personal Representatives

  • Advising on the behaviour of Attorney and removal of Attorneys

  • Debt recovery against an Estate

  • Recovering Estate assets including possession applications for properties

Quick Contacts.

Our Process

Please contact us if you have any queries relating to Litigation. We will check whether we can act for you and, if so, we will confirm the terms and conditions of our retainer with you in a client care or engagement letter

If you require advice, ring our Dispute Resolution department and arrange a meeting with a member of our team

We will give you clear and commercial advice, informing you of all the options available, and possible risks involved

Please contact a member of the Dispute Resolution Team.

We are happy to discuss any issues relating to Trusts, Wills and Probate disputes



Please see our Private Wealth Department for more information on Wills and Lasting Power of Attorneys

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