Contentious Trust & Probate Dispute

TRUST AND PROBATE DISPUTES

Adams & Remers is a long-established UK law firm with offices in Sussex and London and a large client base across our four practice areas – Private Client, Residential and Commercial Property, Corporate and Commercial, and Litigation.

Our Trust Disputes team has been highly ranked in peer and client reviewed directories such as Chambers High Net Worth and Legal 500.

When a Will seems, on the face of it, to be either ambiguous or unfair, or contains errors or irregularities, this can cause a high level of distress, concern or worry. Similarly if you believe that you were dependent on the deceased prior to them passing away, and they have failed to account for this in their will, this can lead to legal challenges or disputes to be raised.

At Adams and Remers, we understand that the emotion and the dynamics involved in such disputes invariably require sound advice, compassion and sensitive management.

Whether you feel you wish to challenge the validity of a will or you feel you have been unfairly left out of a Will, not been adequately provided for, or you are acting as an executor and somebody else is contesting the Will, our specialist contentious team can help by giving tailored advice, and practical solutions to defuse any conflict and to try and resolve issues.

We will always seek to try and resolve any disputes you may find yourself facing in a quick and efficient manner and use various ADR tools such as mediation or other means of settlement. Sometimes, however, when court proceedings cannot be avoided. If this is the case then we will act accordingly and professionally to try and seek the outcome you desire.

Our contentious probate team often advises disappointed beneficiaries, trustees, executors and or administrators who find themselves involved in these types of dispute.

Specialist Areas

Our specialist Contentious Trust & Probate Team has a wealth of experience in handling all manner of trust and estate disputes, including:

Will challenges: This includes challenges based upon capacity, execution, or knowledge and approval; undue influence; fraud/ forgery; revocation, construction.
Claims against the Estate: Such as claims under the Inheritance (Provision for Family and Dependents) Act 1975, if you have been left out of a will or defending a claim as an executor or beneficiary. Other claims against an estate can be claims involving proprietary estoppel, or constructive/resulting trusts.
Trustee or Executor Disputes: Advice to executors/trustees regarding their duties, or advice to beneficiaries who have concerns about the actions of trustee/executors, or advice on the construction of trusts.
Pre-Grant of Probate Issues: advice surrounding the preventing or facilitating Grants; resolving disputes between prospective Executors; obtaining limited Grants pending determination of disputes; subpoenas to establish existence/ content of wills; Application of the Intestacy Rules

Such claims as identified above, can often range in value from several hundreds of thousands to multi-millions of pounds and often include the added complexities of commercial, partnership and/or farming assets. We deal with each matter based on its own unique facts to try to reach each client’s desired objectives where possible.

Establishing your claim

After an initial discussion with our team to identify the nature of your claim and your objectives, our goal is to reach a satisfactory conclusion for you as quickly, cost-effectively and painlessly as possible in order to protect and / or secure a beneficial interest, recover missing assets, or uphold the wishes of the Deceased.

What can you expect as a client of Adams & Remers?

We rightly pride ourselves on providing a personalised first-class service and on exceeding your expectations. Your matter will be handled by a dedicated senior member of the Team to whom you have direct access.

When you choose Adams & Remers, you have the assurance that your trust disputes lawyer will be highly experienced in these types of disputes, with the full support of a hardworking and reliable team around them, so they can provide you the best service possible. Members of the Trust and Probate Disputes team will often be a full member of ACTAPS (the Association of Contentious Trust and Probate Specialists).

What do our clients and partners say about us?

“Practical and outcome-focused” “Very efficient, friendly and reliable” “Highly respected” “Precise and technical” “Very, very good client management skills”

“They are very used to dealing with substantial disputes and every client gets a first-class service.” “They offer excellent and clear communication in complex areas of trust and probate.”

“Adams & Remers offers a focused approach which combines expertise with real tactical acumen. This combination of factors meant they are well-placed to handle complex and sophisticated matters.”

How much does it cost?

We recognise that litigation of this type is a major financial commitment and we are happy to discuss with you funding arrangements in each particular matter, which may include: