Bradford 01274 306 000
Leeds 0113 220 6270
Huddersfield 01484 915 000

Contentious Probate and Trust related litigation

We have extensive experience of acting for clients in relation to Contentious Probate claims, which involve disputes about a will, trust or estate. Contentious Probate cases are often complex and so far as possible, we aim to take a pragmatic and non-confrontational approach, and encourage parties to use mediation to try to resolve disputes in cases in which emotions are often at the forefront.

We can provide advice and help in respect of the following areas:

Challenging the validity of a Will or Codicil
It is possible to challenge the validity of a Will or Codicil for any one, or more, of the following reasons:

• The Will was not properly drafted or executed
• The testator did not have the mental capacity to make the Will
• The testator did not know about, and approve, the contents of his Will
• The testator was coerced into making a Will that he did not want to make, or fraud or forgery was involved
• The Will is missing, has been destroyed, or has been revoked

Claims against Personal Representatives
Personal Representatives (either executors appointed under the Will, or administrators where someone has died without making a Will) are under a duty to ensure proper administration of the estate. Beneficiaries of an estate may have concerns that the personal representatives are failing to act in accordance with that duty. We can provide advice upon the removal / replacement of personal representatives in cases of misadministration of an estate, or where trustees have become incapable of undertaking their duties because of infirmity or dementia.

Disappointed Beneficiary Claims
Disappointed beneficiaries may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, if it can be shown that the applicant was a dependant of the deceased, and that the deceased’s Will, or the Intestacy Rules, fail to make reasonable financial provision for the applicant.
In addition, a claim may also be made against the estate where the deceased is believed to have held assets for the benefit of the claimant; a claimant may have a constructive trust or proprietary estoppel claim.

Court of Protection
The Court of Protection makes decisions on financial or welfare matters for people who lack capacity to manage their own affairs. It is responsible for, amongst other things, decisions about a lasting power of attorney or an enduring power of attorney, and considers any objections to their registration. We can provide advice in respect of disputes involving power of attorneys, or claims that attorneys have misused their powers.

We'd love to hear from you. Please call Rebecca Beaumont on 01274 377298 or James Staton on 01274 377651.

Primary Contact

Rebecca Beaumont

Associate

Direct Line 01274 377298

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