Disputes Concerning Wills, Trusts and Estates

With family relationships getting ever more complicated and with personal wealth increasing, disputes surrounding wills, probate and trusts are increasing. Spratt Endicott’s dedicated Team deal with disputes relating to Wills, Trusts and Estates. Such disputes may arise in connection with the formation and structure of Wills and Trusts; their administration; or disputes between executors/trustees and the beneficiaries.

When such disputes arise they are a considerable burden on executors/trustees and the beneficiaries. We offer proactive, swift and cost effective solutions to resolve these disputes. The types of dispute we deal with are:

  • Challenging and defending Wills on the ground of lack of due execution, the will maker’s testamentary intention, capacity, knowledge and approval or any undue influence exhorted upon him/her
  • Bringing and defending claims under the Inheritance (Provision for Family and Dependants Act) 1975
  • Resolving disputes between beneficiaries and executors and trustees
  • Advising in relation to the negligent drafting of Wills and the administration of Estates/Trusts
  • Disputes concerning the construction of Wills and Trusts
  • Actions for variation and rectification of Wills and Trusts
  • Applications to remove or substitute executors or trustees
  • Defending and/or challenging ownership of property on the basis of resulting and constructive Trusts and proprietary estoppel

Competitive Fees

The potential cost consequences of taking an action against another party is often the main concern for clients. At Spratt Endicott we offer competitive fees for all the services we provide.

Unfortunately it is impossible to say how much a matter will cost as every case is different upon its facts.  However there are a number of options available for us to assist with your access to justice at an affordable price for you.  We try to be as flexible as possible in the fee structures we have to assist our clients as much as possible.

You may be able to fund the case through legal expenses insurance, which may be part of your home insurance policy.  We have considerable experience of liaising direct with insurers in this regard throughout any matter.

Alternatively, we are happy to consider a “no-win, no-fee” agreement, “deferred payment” arrangements or third party funding where appropriate. Please visit our Funding and Costs of Litigation page for further details.

Time Limits

It is important to seek specialist legal advice upon matters in this area because there are strict and very short time limits which may be imposed upon the proceedings you wish to take.  Any delay may prevent you from getting sums to which you are entitled.  

Getting in touch

For more information on our Contentious Probate and Trust Disputes service, please contact David Endicott on 01295 204005 or email dendicott@se-law.co.uk.

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