Dispute Resolution

Our lawyers strongly believe that good advice at the start of a dispute means a cost effective and speedy resolution for you

Contentious Probate and Trusts

Disputes involving Wills, estates and trusts can be complex and often arise at a difficult and emotional time. Whether you are an executor, trustee, beneficiary, or someone who believes they should have been provided for, it is important to obtain clear advice at an early stage.

Services

Contentious Probate and Trusts

Disputes involving Wills, estates and trusts can be complex and often arise at a difficult and emotional time. Whether you are an executor, trustee, beneficiary, or someone who believes they should have been provided for, it is important to obtain clear advice at an early stage.

Modern family arrangements can make matters more complicated, and it is not uncommon for disputes to arise where Wills are unclear, out of date, or where expectations differ between family members.

In a typical case, we would expect the following issues to arise:

Concerns as to the validity of a Will, including whether the person making the Will had the required mental capacity, whether there was any undue influence, or whether the Will was properly executed.

Disputes regarding the administration of an estate, including the actions of executors or trustees and how assets are being managed or distributed.

Claims for reasonable financial provision where a person feels they have not been adequately provided for.

Issues arising in relation to trusts, including the duties and responsibilities of trustees and how a trust is being administered.

Where possible, we will always look to resolve matters through discussion and negotiation in the first instance. These disputes can often be settled without the need for court proceedings.

Should agreement not be reached, the following steps may be required:

We will review the position in detail and advise you on the strength of your claim or defence.

We will correspond with the other parties involved to attempt to resolve the dispute.
If appropriate, we may suggest mediation as a way of reaching a resolution without court involvement.

If matters cannot be resolved, we can assist with making or defending an application to the Court.

We offer an initial discussion to go through your situation and explain the options available to you. Where possible, we can provide clarity on likely costs from the outset.
It is important that you seek advice early so that your position can be properly protected.

Email or call 01326 574 988 to arrange an appointment

Department Contacts

Allanagh
Hocking

Solicitor

John
Wilkin

Solicitor & Partner

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