Some of the most common causes of contentious trusts and probate include:
- Claims for reasonable financial provision from an estate, whether there is a will or not (claims under the Inheritance (Provision for Family and Dependant) Act 1975
- Disputes regarding the interpretation or validity of a will (e.g. lack of mental capacity to make a will, or a will that is not properly drafted)
- Trust disputes, for example regarding the interpretation or validity of a trust deed
- Disagreement on the way in which the person’s estate is to be distributed or administered
- Questionable lifetime gifts
Disputes in relation to trusts and probate are on the rise, and the above list is by no means exhaustive. Although inheritance disputes may well see emotions running high, finding an effective legal resolution is often in the best interests of each of the parties involved.
We are experts in achieving resolutions to contentious trusts and probate disputes not only through the courts by also by other alternative dispute resolution methods such as mediation. This helps keep costs down and can shorten the dispute process.
We pride ourselves on being dedicated specialists in this area of law and on our jargon–free and approachable service, putting you, the client, at the heart of what we do.
For more information about Smith Partnership's wills and probate services, please visit our dedicated page.