Wards specialist solicitors - Probate disputes

Probate disputes

Disputes involving estates after a death are unfortunately on the increase. This is primarily due to ever more complex family and domestic arrangements, the rise in property values and a greater awareness of their legal rights among individuals. Probate disputes on the death of an individual can involve complex, sensitive issues and can result in conflicts between family members.

Whatever the exact nature of the dispute, the answer lies in resolving it quickly and cost-effectively. Wards Solicitors are one of the few local firms across Bristol, North Somerset and South Gloucestershire to have lawyers specialised in and dedicated to resolving disputes concerning wills, estates and family trusts.

Type of dispute

Acting for a wide range of clients, including banks, trust companies, charities, trustees, administrators, executors and individual beneficiaries, we have extensive experience of resolving disputes relating to:

Acquisition, management and disposal of family assets
Asset tracing and recovery
Identification of beneficiaries
Breach of trust, e.g. failure to administer the trust or invest funds properly
Abuse of position (a criminal offence under The Fraud Act 2006)
Civil partnership estates
Claims regarding negligent advice, e.g. on the making of Wills or the administration of estates or trusts
Cohabitation rights
Lasting Powers of Attorney
Family provision from estates (Inheritance Act 1975)
Interpretation/validity of the terms of a Will
Mental incapacity claims
Poor administration of estates, including removal of executors or trustees
Personal liability of trustees
Enforcing unwritten agreements

Our experience

This is a complex and specialist area of law and requires lawyers with appropriate experience and knowledge. Regionally, we are one of only a few firms with solicitors specialising in this area and we draw on the expertise of both our disputes and wills & probate departments to handle probate dispute claims.

Our lawyers are members of the Association of Contentious Trusts & Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners, Solicitors for the Elderly and of the Law Society’s Probate Panel. All demand expertise and up-to-date knowledge from their members. Our lawyers have this, coupled with extensive experience of dealing with all aspects of trust and probate work, including inheritance disputes.

How we can help

Probate disputes arising on the death of a relative or loved one come at a traumatic time. The issues involved are often sensitive and resolving them can be distressing and expensive. Our priority is always to reach a speedy and cost-effective resolution of the dispute, to reduce the impact on the trust or estate. Our team includes a trained Mediator and we will consider Alternative Dispute Resolution before litigation, if appropriate.

Even if litigation is pursued, we attempt, at an early stage, to resolve the dispute via correspondence or face-to-face meetings. Although we act with sensitivity, our approach is practical and commercial. If an out-of-court settlement can be achieved, we are skilled in the negotiation of disputes. If settlement is not possible, we have the skills and experience to conduct complex disputes through the Courts.

Funding

We are committed to providing you with the latest funding options and are able to offer a variety of arrangements, such as Legal Aid, conditional fees and ‘after the event’ insurance arrangements. We will discuss your specific options early on and will do everything we can to assist you in choosing the right funding option.

Contact us
Contact Elizabeth Fry, who is Head of our Disputes team (and a member of the Association of Contentious Trusts & Probate Specialists).

Email Elizabeth or telephone her on 0117 929 2811.