Cripps Harries Hall

Will, trust & estate disputes

Disputes concerning a Will, a trust or an estate can be complicated and you need the help of a specialist.

Contesting the Will of a relative (or even a friend) or bringing a claim in respect of a trust or an estate can be very complicated and distressing. We are specialists in this field, having dealt with just about every conceiveable difficulty that might arise, and can advise you upon how to dispute a Will and what to do where there is a disagreement involving a trust or an estate.

What we do

Our task is to help you resolve your problems. Here are some that we meet:

  • Families argue over a disputed Will

  • Obtaining a copy of a Will and providing advice upon the procedure for contesting a Will in England and Wales

  • Executors cannot agree what action to take

  • Beneficiaries are unhappy with the actions (or inaction) of the executors and wish to seek their removal

  • A vulnerable person has been coerced into leaving assets to someone who would not normally have benefited and others may wish to contest the Will

  • A mistake has been made in drawing up a Will and it needs to be put right

  • A document has been poorly written so it is not clear what was meant

Why Cripps Harries Hall?

We have one of the largest and most experienced teams dealing with contesting Wills and other trust and estate claims in the country. The two partners who lead the team have over 40 years' experience between them dealing with Will disputes. Three team members belong to the Association of Contentious Trust and Probate Specialists, the only organisation that recognises experts in this field.

Each case is handled by a qualified solicitor who is there to guide you every step of the way. We understand that, for most people, pursuing a dispute will be the last resort. We aim to find solutions quickly and with as little worry as possible. We never lose sight of the fact that you may wish to stay in touch with the people involved long after the dispute is over.

Funding

We are willing to have an initial, no obligation telephone consultation without charge. Thereafter, we will consider with all clients the most appropriate means of funding their claim and, in appropriate case, can offer fixed fees, deferred payment arrangements and CFA's, commonly referred to as "no win, no fee" agreements.

Latest news Date
+ Cripps' partners recognised as leading lawyers
Cripps Harries Hall is proud to announce that four of their private client partners have been recognised as Leading Lawyers in this year's Citywealth Leaders List.
02/03/2012

Our team of specialist solicitors have experience of dealing with a wide range of Will, trust and estate disputes. Here are a few examples.

  • Acting for a client in a complex Inheritance Act dispute requiring an application to the Probate Registry to cancel a grant of probate improperly obtained and negotiating with multi party defendants in numerous jurisdictions.
  • Defending a challenge to a £2m estate involving minors and complex business assets for the children of a prominent local businessman.
  • Successfully mediating a complex multi-party dispute concerning an estate valued at £6m. Claims from the parties involved promissory and proprietary estoppel, Inheritance Act claims, removal and appointment of alternative executors, rectification of Wills, claims of undue influence and off-shore asset tracing.
  • Acting for a beneficiary under a substantial family trust containing assets valued by that trust of £20 million. The core issue concerned the mismanagement of the trust by the trustees.
  • Challenging the validity of a Will with an estate valued in excess of £1 million. The case concerned allegations of forgery and the use of expert handwriting evidence.
  • Acting for an adult child claimant in an Inheritance Act claim against the estate of deceased father. Proceedings were issued within two weeks of instructions from the client due to the pressure of limitation. The matter settled swiftly and favourably by correspondence.
  • Acting for relatives of a deceased in defending an Inheritance Act claim against the estate. The deceased died intestate and the claim was brought against the estate by a friend of the deceased who claimed to have been living with the deceased as husband and wife in the two years immediately prior to her death.
  • Acting for beneficiaries in a complex claim involving estate valued at 7 figures with claims by the estranged husband of deceased under IPFDA 1975. Issues of severance of joint tenancy and application for Occupation Order on behalf of beneficiaries in relation to deceased's home owned jointly by the estranged husband, beneficiaries and deceased.
  • Acting on behalf of clients in a long running trust dispute where an executor committed a serious breach of his duties. Proceedings against former executor for an account and recovery of losses as well as an associated professional negligence claim against the solicitors who acted for the former executors. The matter was successfully settled at a one day mediation.
Name Role Contact
Myles McIntosh Partner +44 (0)1892 506 136
Katie Mundy Solicitor +44 (0)1892 506 067
Russell Simpson Partner +44 (0)1892 506 139
Philip Youdan Associate +44 (0)1892 506 027
Legal updates view all
+ Will, trust and estate disputes - Legal update - Spring 2012
Barrett v Bem & Others - positive conduct by the testator is required for there to be a "direction" under the Wills Act 1837
17/04/2012
+ Will, trust and estate disputes -Legal update - March 2012
Will, trust and estate disputes -Legal update - March 2012
29/03/2012
+ Will, trust and estate disputes - legal update - January 2012
Will, trust and estate disputes - legal update - January 2012
19/01/2012
+ Trust and estates - Legal update - December 2011
Trust and estates - Legal update - December 2011
30/12/2011
+ Trust and estates update - December 2011
Trust and estates update - December 2011
21/12/2011
+ Wiil, trust and estate disputes legal update - November 2011
Legal update November 2011
07/11/2011
+ Will, trust and estate disputes - October 2011
Legal update October 2011
06/10/2011
+ Trust, estate and Will disputes update - Autumn 2011
In this edition we look at an interesting Will dispute in the case of Barett v Bem & others (2011) EWHC 1247 (Ch) and also consider Shovelar v Lane (2011) EWCA 802, a case that should serve as a warning to executors minded to become involved in Will disputes.
19/09/2011
+ Trust and estates dispute update - August 2011
Will disputes - Court upholds gift to friend despite allegation of undue influence
02/08/2011
+ Trust and estate dispute update - Summer 2011
In this edition we look at the combined appeals in Pitt v Holt and Futter v Futter (2011) EWCA Civ 197 and also consider the Court of Appeal's decision in Ilott v Mitson and others (2011) EWCA Civ 346.
26/05/2011
+ Trust and estate dispute update - October 2010
In this edition we look first at the case of Charles, Derek and Thompson v Fraser (2010) ("the Fraser Case"), which reviewed the rules for mutual wills. In addition we look at two cases where applicants have successfully sought to remove Executors
01/10/2010
+ Trust and estate disputes - update for professionals and practioners - July 2010
This case, which was recently heard in the Supreme Court, looked at section 35 Limitation Act 1980 and involved a dispute between two brothers (J and M) regarding their grandmother's two farms.
01/07/2010
+ Trust and estate disputes - update for professionals and practitioners - June 2010
This month has seen the publication of details of the Aon Pension Trustees case which considered the definition of 'notice' and in particular, what it takes for the trustees to have been notified of a beneficiary or class of beneficiaries.
01/06/2010
+ Trust and estate disputes - The rule in Hastings Bass after Futter and Pitt - June 2010
The recent cases of Futter and Cutbill v Futter and HMRC (2010) EWHC 449 ("Futter") and Pitt v Holt (2010) EWHC 45("Pitt") may have caused some sleepless nights amongst trustees.
01/06/2010
+ Trust and estate disputes - Update for professionals - May 2010
This month has seen a lot of coverage of the Futter v Futter case and its implications for the future.
01/05/2010
Guidance view all
+ A brief guide for trustees
This guide is intended to inform anyone invited to take on the role of trustee. It aims to clarify what is involved in this very special role: the specific duties a trustee must perform and advice on how best to discharge those duties.
28/09/2011
In the press view all
+ Gatekeeper: How to pitch to Anne Lewis of Cripps Harries Hall LLP
Gatekeeper: How to pitch to Anne Lewis of Cripps Harries Hall LLP
05/04/2012
+ Wills - providing certainty
Wills - providing certainty
01/11/2011
+ Lasting Powers of Attorney - thinking ahead
Lasting Powers of Attorney - thinking ahead
01/10/2011
+ When death can lead to a dispute
Sometimes the trauma of a death can be compounded if the expectations of those close to the deceased are not met by the will or the law, if there is no Will (a state known as intestacy). Russell Simpson looks at the options.
01/04/2010

Key contacts

Myles McIntosh
Will trust and estate disputes
+44 (0)1892 506 136
e-mail
Russell Simpson
Will trust and estate disputes
+44 (0)1892 506 139
e-mail

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To contact our Will, trust and estate disputes team please call

T: 0845 3888 398

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