Challenging a Will or Trust
Disputes that arise on the death of a relative are often fraught and complex, arising at a time when emotions run high. We are one of the few firms in Wales with the necessary expertise to deal with such disputes, having an established reputation in this difficult area of work.
When a person dies leaving assets behind there is always the potential for a dispute to arise even if they left a Will. This is known as contentious probate.
Richard Howells is a member of the professional body; ACTAPS, the Association of Contentious Trusts and Probate Specialists. Whether you are a claimant, trustee, beneficiary or personal representative and no matter what the circumstances our Contentious Probate Team has the professional expertise and experience to guide you through the process.
From claims dealing with the rightful ownership of property, the negligent drafting of Wills, disputes between personal representatives and claims challenging the validity of Wills to applications to the Court of Protection, you can be safe in the knowledge that your case is being dealt with by a team with many years specialist litigation experience.
Our specialism includes:-
- Proprietary estoppel claims, particularly involving high value agricultural estates.
- Disputes between personal representatives.
- Claims challenging the validity of Wills on the grounds of:-
- Failure to properly execute the Will.
- Undue influence.
- Lack of knowledge and approval.
- Lack of testamentary capacity.
- Fraud and forgery.
- Claims for a financial interest in estate property.
- Applications to the Court for guidance on the interpretation of specific clauses within Wills where the terms are unclear.
- Claims under the Inheritance (Provision for Family and Dependents) Act 1975 where there is inadequate provision for a dependent under intestacy or in a Will.
- Claims in relation to the negligent drafting or administration of estates.
- Applications to appoint Deputies, establish capacity or make a statutory Will involving the Court of Protection.
- Complex trust disputes.
- Strong –v- Bird claims.
We will do all we can to try and achieve the right outcome for you. Whilst it is not always possible, we will try to reach a settlement without the need for court proceedings, attempting to preserve the family relationship. However if a resolution cannot be reached without court proceedings, you can be safe in the knowledge that your team are the experts that you can rely on.
The ‘hardworking and efficient’ team at JCP Solicitors has a ‘substantial depth of knowledge’, and provides ‘very effective advice’ across the spectrum of contentious matters including proprietary estoppel claims, disputes between personal representatives and complex trust disputes.
The Legal 500 2017 Edition