Our contentious trust and probate team are accustomed to advising clients on all issues relating to challenges made to Wills, including challenges due to incapacity of the Testator, due to undue influence having been exerted on the Testator, and where the Testator lacked knowledge and approval of the Will.  We have also dealt with cases involving arguments over whether Wills have been revoked (through destruction) and claims against the Estate arising from issues of proprietary estoppel (enforcing binding promises usually relating to land) and constructive trust.  We are also accustomed to advising clients on interpretation issues in Wills and dealing with claims to the Court for a decision on meaning.  We have also advised clients on issues relating to Mutual Wills. 

In circumstances where a Will or Intestacy has failed to make reasonable financial provision for a spouse or dependant of the deceased, we will advise on the availability of a claim under the Inheritance (Provision for Family and Dependants) Act 1975.  We have also advised Executors, Administrators and Beneficiaries on how such claims should be defended. 

In certain circumstances, it may be necessary to consider whether a professional negligence claim needs to be made against a solicitor or a financial adviser as a consequence of poor tax or trust advice given in connection with the preparation of a Will or Trust Instrument or against a solicitor alone where a Will/Trust Instrument has been poorly drafted and does not reflect the intentions of the Testator/Settlor.  We can also advise about rectification issues. 

We also have extensive experience of advising and acting in complex, often multi-jurisdictional, trust disputes.  Although most disputes will involve private trusts, we are finding disputes involving commercial trusts, established for investment, for example, are increasingly common and frequently give rise to claims.  Whether they concern claims by beneficiaries to obtain disclosure of trust documents, to secure the replacement of trustees, or to obtain compensation from the trustees for breach of trust, or advising trustees in relation to defending claims for beneficiaries, we have the experience necessary to ensure claims are approached in the best way from the outset to achieve our clients' aims.  We also have established connections in Jersey, Guernsey, the British Virgin Islands, Bermuda and all the other main offshore trust jurisdictions where co-ordinated action may be required to ensure thorough legal advice and speedy action where necessary.

Disputes like these demand expert advice.  Considerations of whether any claim should be brought by or on behalf of beneficiaries or executors can have huge implications for whether or not a claim will succeed and how the litigation will be financed.  We have the experience to ensure the right strategy is adopted from the outset. 

Contentious probate work, in particular, can be very stressful for clients, who may be struggling to deal with bereavement issues at the same time as making decisions on legal issues.  We understand those concerns and always aim to give the clearest advice possible and to consider whether our clients can settle without the need for litigation.  Indeed we find the use of mediation to settle disputes increasingly common in this area of law, where not only money is often at stake but often family relationships as well.

Examples of matters where we have recently represented clients include:

• acting for the successful Claimant in the reported case of Jiggins-v-Brisley, a case where the Claimant established a claim in proprietary estoppel against the Estate of the deceased.
• acting for the Claimant in the case of Thompson-v-Wawruscszak [2006], which was successful in the first instance and settled subsequently following an application for permission to appeal.  The arguments focussed on the revocation of a Will executed by the deceased.
• advising the principal beneficiaries over an Inheritance Act claim commenced by the spouse of the deceased relating to a multi-million pound Estate.  This case successfully settled at mediation.
  advising a Defendant in a claim over the alleged incapacity of the Testator of a multi-million pound Estate.  The case settled successfully just prior to trial.
• dealing with the appointment of a Judicial Trustee in relation to a Trust, where the Trust had a claim for breach of trust against a former Trustee who had subsequently died.  Agreeing settlement of the dispute with the Executors of the deceased's Estate and obtaining Court sanction for that settlement.
• acting for a group of investors in relation to a failed investment into an enterprise investment scheme and claims against the trustees of the scheme.  The claim settled successfully following mediation.
• acting for the principal beneficiary under a Bermudian trust and advising, in conjunction with local lawyers, on claims against the trustees and the protector of the trust.
• acting for beneficiaries under a trust on issues of interpretation of the trust deed.  Also dealing with an application under the Hasting-Bass principle, which enables the Court to overturn an exercise of a trustee's discretion in circumstances where the trustee failed to take into consideration relevant factors when making that decision.