Subscribe to our newsletter Subscribe here to receive communications from us on topical legal matters, news and events. Click here. × Home > Individuals > Will Disputes & Contentious Probate Will Disputes & Contentious Probate FSP's highly regarded Will Disputes and Contentious Probate team represents a wealth and depth of experience in all areas of disputed inheritance and trusts. Overview Experience Resources Overview We have extensive experience of all aspects of disputes concerning estates and trusts. We can advise you in connection with Challenges to Wills, and claims under the Inheritance (Provision for Family and Dependants) Act 1975, proprietary estoppel claims and claims involving beneficial interest/constructive trusts and claims involving mutual wills. We advise in relation to all types of problems with estate/trust administration including the removal and replacement of executors and trustees and claims against trustees and fiduciaries for breach of trust and claims for rectification and construction of wills. We deal with contested Court of Protection work. We also act in claims against professionals arising out of the negligent preparation of wills and maladministration of estates. All our team members have extensive experience of all forms of Alternative Dispute Resolution, but in particular resolving disputes for clients by mediation. Featured experience Trusts Acting for beneficiaries in a dispute with a major bank concerning a disputed trustee appointment in a family settlement trust. Labrouche v Frey (2016): Acting for trustees of an overseas foundation involved in High Court litigation in London (together with parallel proceedings overseas) Advising the beneficiaries of a Channel Islands family trust on a potential multi-million pound claim against professional trustees for mismanagement of a portfolio of investments. Challenges to Wills Advising a family in connection with a complex want of knowledge and approval undue influence case involving inclusion of a professional carer in a will of a very elderly testator a month before death. Acting for a client in an undue influence claim involving fraudulent calumny in a high value estate. Acting for an 85-year-old woman in a case in which her step-children challenged the ability of her husband (their father) to make a cash gift to her prior to his death at a time when he was suffering from advanced dementia. The case was satisfactorily settled in favour of the widow. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 Acting in a case in which a husband changed his will cutting his wife out of his estate and leaving all of his wealth to a charity. We negotiated a settlement which meant that the charity received a substantial legacy pursuant to the husband’s wishes but that also ensured that the wife was adequately provided for. Acting for a former spouse of a deceased who was still receiving maintenance payments at the date of death, successfully capitalised into an acceptable settlement, having notified a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Acting for a widow where heavily mortgaged property was held in her husband’s sole name and fell into a life interest trust leaving inadequate provision for her and negotiating a claim whereby her income and housing needs were met. Acting for an adult child of a deceased post the Ilott v Blue Cross Supreme Court decision: securing a significant settlement of his cl. Court of Protection Disputes Acting for a former Court of Protection Deputy in a dispute with beneficiaries regarding the application of Schedule 2 of the Mental Capacity Act 2005 whereby the proceeds of sale of real property were protected from ademption where the property was sold by the deputy and a partial distribution of the estate based on ademption had already been made. Bringing Court of Protection proceedings, which were vigorously contested, to trial in which the Court of Protection were being asked to appoint a professional deputy to manage the property and affairs of a severely mentally-impaired man. Following trial we were successful in securing the appointment of a professional deputy so that the children of the mentally-impaired man could now bene fit from his assets and income in a way that he would have wished, had he been able to make decisions for himself. Rectification, Construction and Executor disputes Acting on a rectification claim against the executors of an estate involving a portfolio of residential properties. Acting for an executor successfully defending an attempt to remove him in the context of a family dispute. Advising beneficiaries regarding removal of an executor and trustee who had failed to administer the estate and made distributions to herself. Resources Guide to claims under the Inheritance (Provision for Family and Dependants) Act 1975 Guide to proprietary estoppel claims Guide to executor and trustee disputes (part 1) Guide to executor and trustee disputes (part 2) Talk to our group contact Katharine Riley +44 (0)118 951 6245 Download vcard Contact the team. Contact the team To assist us in directing your enquiry to the correct department please select one of the following options Select a service Banking & Finance Commercial & Technology/IP Corporate Dispute Resolution & Litigation Divorce, Family & Civil Partnerships Employment Enfranchisement & Lease Extensions Immigration Notarial Private Equity & Venture Capital Property Litigation Real Estate Residential Conveyancing Restructuring & Insolvency Startup with FSP Tax Will Disputes & Contentious Probate Wills, Tax and Trusts Select a sector Agriculture & Rural Land Automotive Banking & Finance Charities and not-for-profit Construction Education Food & Drink New Homes Real Estate Renewable Energy & Environment Strategic Land I agree with your privacy policy* Send message Our team of specialist lawyers has considerable expertise in the following: Challenges to Wills and litigation of Probate Claims Advice on the Construction and Rectification of Wills Claims under the Inheritance (Provision for Family and Dependants) Act 1975 for all categories of applicant, defending claims under the Act, and acting for personal representatives Disputes with executors and trustees Trust litigation Proprietary Estoppel Claims Constructive Trust/Beneficial Interest Claims Contested Court of Protection, deputyship and attorneyship issues Extensive experience of mediation and all forms of ADR "The integration of the private client and contentious probate team provides a valuable resource for all the team members to work together in pursuit of their client’s bests interests. This is a small firm that is well able to challenge the expertise of the bigger players in the market." Our team Highly experienced and with a wealth of knowledge Our people Insight The Court of Appeal on the Test for Testamentary Capacity – and what amounts to a Delusional Belief by Sarah Sharpin | 09 September 2021 View full article Insight The “Wetherspoons Will” Case: Will Executed in a Pub Overturned for Lack of Capacity by Katharine Riley | 17 July 2019 View full article Contact our team 1 London Street, Reading, RG1 4PN +44 (0)118 951 6200 enquiry@fsp-law.com Businesses Banking & Finance Commercial & Technology/IP Corporate Dispute Resolution & Litigation Employment Immigration Notarial Private Equity & Venture Capital Property Litigation Real Estate Restructuring & Insolvency Startup with FSP Tax Individuals Residential Conveyancing Divorce, Family & Civil Partnerships Employment Enfranchisement & Lease Extensions Notarial Wills, Tax and Trusts Will Disputes & Contentious Probate International Sectors Agriculture & Rural Land Automotive Banking & Finance Charities and not-for-profit Construction Education Food & Drink New Homes Real Estate Renewable Energy & Environment Strategic Land Subscribe to our newsletter Subscribe here to receive communications from us on topical legal matters, news and events. 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