We have one of the region’s largest teams dedicated to providing a compassionate and comprehensive service when you need help to administer a deceased person’s estate. In most cases, the administration of an estate following someone’s death is straightforward, but disputes are increasingly common.
We provide a specialist service dealing with disputes that arise when someone dies. We mainly act for executors, administrators and beneficiaries. However, we understand both sides of the dispute because we also act for those who were financially dependent on the deceased or who wish to challenge the executors or administrators, for example by challenging their appointment or the validity of the will.
Family tensions are often revealed by such disputes and we handle all cases sensitively. Taking time to understand the motivations of everybody involved. We understand that every client is different, just as every case is different.
Our team operates seamlessly between our wills & probate and litigation departments. We try to resolve disputes in a conciliatory way and we know when to use mediation and other forms of alternative dispute resolution to best effect. By engaging with our clients and opponents at the earliest stage, we aim to resolve disputes before they become acrimonious and before positions are entrenched.
We can offer advice and assistance in the following types of dispute:
- Preservation of estate assets before distribution
- Challenges to the validity of wills (eg. undue influence, fraud etc)
- Claims for the revocation of grant of probate
- Applications to court concerning the conduct of executors or administrators
- Claims for rectification of wills
- Applications to court by personal representatives for directions
- Claims about trusts, including constructive trusts of property
- Proprietary estoppel claims in respect of the deceased’s property
- Claims by dependants for reasonable financial provision
- Claims for the recovery of estate assets