Will, trust and estate disputes

We advise on disputes relating to estates and wills, including challenges relating to Wills (bringing and defending such claims) and the removal of executors or trustees.

We assist claimants and defendants in relation to will validity disputes on the grounds of: lack of testamentary capacity, lack of knowledge and approval, undue influence, fraud or want of due execution (and sometimes a combination of several of these).

We act for individuals who may have a claim under the Inheritance (Provision for Families and Dependants) Act 1975 for reasonable financial provision from an estate. We also advise parties who may need to defend, or have been added as a party to, a claim under the 1975 Act.

We can advise in relation to any contentious issues that arise in the context of administering estates, including the replacement of executors and trustees.

We advise trustees, executors, settlors and protectors in navigating through various disputes and challenging scenarios including:

• Breach of duty claims being brought on behalf of beneficiaries to a trust or estate.
• Claims for the removal of trustees or personal representatives and arranging for their replacement trustee or administrator.
• Blessing applications seeking the Court’s approval on behalf of trustees.
• Applications for Beddoe relief.
• Administering the assets of a trust in contentious estates.
• Claims for an account and requests for information on behalf of beneficiaries.
• Enforcing and defending beneficial interest claims regarding property ownership (claims under TOLATA).
• Various applications on behalf of trustees including questions of construction, variation, mistake and rectification.

We regularly act on behalf of our trust company, Stevens & Bolton Trustees Limited (SBTL) in a range of situations where SBTL has been appointed as the independent administrator and/or replacement trustee in contentious situations. Working alongside our private client and tax colleagues, we advise SBTL on the trustee’s role including in respect of application to the Court for directions, blessing of a decision and Beddoe relief.

We also advise SBTL about the administration of estates in the context of discretionary will trusts in which there is often a contentious element.

We advise spouses and interested third parties in the context of matrimonial proceedings about the proper treatment of trusts and other assets, included inherited wealth in divorce and financial remedy applications. This includes acting for spouses seeking to recover and trace assets and/or identify trust structures that may otherwise fall outside of the matrimonial “pot”, protecting structures that should properly be excluded from the matrimonial assets or attacking attempts to conceal assets in the context of a divorce.