As levels of personal wealth rise we have not only witnessed an enormous increase in the size of estates being left to beneficiaries but also in the number of contentious probate cases, or contested estates, we are dealing with.
The issues can be wide ranging, from questioning the validity of a Will; claims under the Inheritence Act; claims based on lifetime promises; actions to remove a personal representative; or claims for damages for breach of trust or for negligence by a trustee.
Whether you are claiming against an estate or acting as one of its executors, our experienced team can advise you on the remedies that are available and the action that should be taken.
We are able to advise across a wide variety of disputes including probate disputes; contested wills; Inheritance Act claims; Claims against Trustees and Executors and Negligence claims against professional trustees.
The way in which a settlement is structured can have important tax implications and in some cases significant tax savings can be made. We will advise you on the best way to structure any agreement to maximise the benefit to you.
Some recent examples of our work on contested estates
Acting on behalf of a widow in a £2M estate
Her husband of 30 years had left her only £100,000 by will with the rest being left to the adult children. We were able to negotiate a settlement whereby the wife secured the property and additional funds to the total value of £1m.
Acting on behalf of a beneficiary of a valuable property in Central London.
The deceased's widow, from whom he was estranged but not divorced, brought a claim to the property. A settlement was reached which resulted in the property being sold and our Client receiving the bulk of the proceeds. the settlement was structured so that there would be no inheritance tax to pay provided the widow lived for 7 years and insurance was taken out to cover the tax if she did not.
Acting on behalf of the Executors in a £5M estate
The deceased was a wealthy widower who shortly before his death married his former housekeeper. He left her a modest sum by his will with most of the estate going to his three daughters. The widow was entitled to live in the property for two years after which it was to be sold. The widow brought a claim seeking a substantial part of the Estate.
A settlement was achieved which ensured that the widow received enough to purchase an alternative home and this was structured so as to achieve a saving in Inheritance Tax which benefited the daughters.
Acting on behalf of 3 minor children whose parents were divorced
The father died leaving his entire estate to his second wife. We were able to secure a settlement placing sufficient funds in trust for the benefit of the three boys to cover their school fees and likely college costs.
Contact our contested estates team
You can contact us on 0118 951 6800
