Dispute A Will

Will disputes

If a will is found to be invalid, the deceased’s estate will be administered in accordance with their earlier will, or if there are no previous wills which are valid, the Rules of Intestacy. It is therefore very important to have a full picture of the implications of pursuing a will challenge so that you can make an informed decision.

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Claims under The Inheritance (Provision for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to make a claim against a deceased’s estate where the last will, or the Rules of Intestacy, do not make reasonable financial provision for them.

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Claims against Executors and Trustees

Executors and trustees have an obligation to comply with a number of fiduciary duties when carrying out their role. These include ensuring that they are acting in the best interests of the estate or the trust, and the beneficiaries, at all times. They must also be careful that they do not allow their personal interests to conflict with their overriding fiduciary duty.

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The interpretation or rectification of a Will

In certain circumstances, questions may arise as to the true meaning behind the wording of a will. It may also be unclear as to whether a will records the testator’s actual intentions and the instructions he or she gave to the draftsman who prepared the document. If this happens then we can advise on the remedies available to resolve the uncertainty.

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Our Process

The Contentious Trusts and Probate Team at Birketts LLP are specialists in all areas of inheritance and trust disputes, both in England and Wales and internationally. We act for beneficiaries, executors and trustees, whether they be individuals, trust companies or charities.

It is not uncommon for concerns to arise about the validity of a will, the provision which has been made for certain interested parties from an estate or the manner in which an estate or will trust is being administered. The team at Birketts can offer cost-effective and practical advice in any one of these situations to assist you with achieving a solution.

We pride ourselves on offering a personal service to each of our clients and we draw on our extensive experience to ensure that we provide tailored advice to fit the circumstances of your case. We recognise that conflict is often unavoidable, especially in highly emotional family disputes, but we will work with you to try and defuse that conflict, if at all possible. We are very aware of the financial pressures which come with disputes of this nature and we will make sure that we discuss fees with you both at the outset and throughout the matter to ensure that you have all of the relevant information you need to make decisions. We can also discuss a variety of funding options with you.

Where appropriate, and if possible, we aim to resolve matters through mediation, negotiation or other forms of alternative dispute resolution. However, if court proceedings cannot be avoided, we will guide you through the process step-by-step and ensure that you are properly advised and supported until the conclusion of the case.

Our team are all members of, or studying to be members of ACTAPS (the Association of Contentious Trusts and Probate Specialists). We are also recognised in both Chambers and Partners and the Legal 500 [UK 2023] for our breadth of skill and expertise.

We can offer expert advice on:

The wider team

We are supported by Birketts’ award winning Private Client Advisory Team who advise on a whole range of non-contentious issues including probate and administration, tax and estate planning.

Alternative dispute resolution

We have experience of a wide range of alternative dispute resolution, including negotiation, mediation, early neutral evaluation and expert determination.

Get in touch by mail or phone

Our team are available 8:30am-5:30pm, Monday-Friday and can be contacted on 01473 406386 or at disputeawill@birketts.co.uk

Ranked in Band 1 for Contentious Trust and Probate by Legal 500, UK 2023

‘Tenacious and clever‘ partner Bernadette Baker in Norwich leads the practice and she ‘fights very hard for her clients but recognises the need to resolve differences and reach a negotiated settlement‘. Clients are ‘hugely impressed by her robust and common-sense approach to difficult litigation‘ of senior associate Kate Harris in Cambridge. Senior associate Marie McMahon in Norwich is ‘‘very supportive and explains things very well is great at saying what needs to be added to correspondence and what isn’t going to be helpful‘.

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