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We help minimise the stress and worry that a dispute of this type can cause.

Contentious Trusts & Probate

Contesting trusts and probate can be a particularly emotional, stressful and worrying time for the parties involved. Partner, Michael Kilbane, leads our Contentious Trusts & Probate team. Michael prides himself on his ability to keep things calm, put clients at ease and to be empathetic whilst also being realistic about clients’ goals and expectations, especially when it comes to costs. We strive to resolve contentious trust and probate disputes as amicably as possible through formal settlement or another form of alternative dispute resolution.

Estates can be very complicated, especially where there are international assets or multiple properties involved. This element is complemented, in particular, by Michael’s expertise as a Property Disputes lawyer.  The team also works closely with the Wealth Preservation team, who can advise on a whole range of non-contentious issues such as drafting Wills, Inheritance Tax & Estate Planning, Trusts, Estate Administration, Powers of Attorney and Society of Trusts and Estate Practitioners.

Puffins PS - Contentious Probate page

How we can help

Challenging or defending a Will

In circumstances where there are challenges around the validity of a Will due to lack of capacity, lack of knowledge/approval, undue influence, allegations of fraudulent Wills and/or invalid Wills (not properly executed).

Mismanagement of the estate

Claims against an executor and/or trustee who is not managing the estate properly. This may include High Court proceedings to have them replaced and/or to hold them to account.

Disagreements between beneficiaries

In respect of the value of estate and/or personal items left.

Trust disputes under TOLATA 1996

Frequenly brought by an individual separated from the deceased spouse, but were not married and/or in a civil partnership. It also extends to other individuals including claims between trustees/friends (for example who own property together) and trust disputes.

Inheritance Act claims

Being claims brought by individuals who believe they have been left out of a Will and/or not left enough and applying for reasonable provisions. This often includes individuals who cohabited with the deceased but were unmarried/not in a civil partnership.

Lifetime claims

Including actions against trustees, disputes concerning deputyship and professional negligence claims.

In circumstances where there are challenges around the validity of a Will due to lack of capacity, lack of knowledge/approval, undue influence, allegations of fraudulent Wills and/or invalid Wills (not properly executed).

Claims against an executor and/or trustee who is not managing the estate properly. This may include High Court proceedings to have them replaced and/or to hold them to account.

In respect of the value of estate and/or personal items left.

Frequenly brought by an individual separated from the deceased spouse, but were not married and/or in a civil partnership. It also extends to other individuals including claims between trustees/friends (for example who own property together) and trust disputes.

Being claims brought by individuals who believe they have been left out of a Will and/or not left enough and applying for reasonable provisions. This often includes individuals who cohabited with the deceased but were unmarried/not in a civil partnership.

Including actions against trustees, disputes concerning deputyship and professional negligence claims.

Meet our team




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