Contentious Probate | Hassan Luk

Our contentious probate lawyers specialise in advising in contentious probate matters.

Our lawyers guide clients through sensitive and challenging issues taking prompt action to defend their client's interests. Will disputes and contentious disputes may arise after someone’s death. The scope of such disputes is extremely wide, but some typical examples relates to validity, provisions for family and dependants, trust disputes, and estate administration disputes etc.

VALIDITY: If it can be shown that the deceased lacked the legal capacity to make their will; was unduly influenced into making it or neither knew or approved of its contents, then its validity could be challenged.

PROVISIONS FOR FAMILY AND DEPENDANTS: Where a will (or intestacy) fails to make reasonable financial provision for a spouse, civil partner, child, cohabitee, relative or someone otherwise financially dependent on the deceased, then a claim could be made against the deceased’s estate.

TRUST DISPUTES: Are the terms of the trust ambiguous? Is there disagreement over who the beneficiaries should be, or the type of trust involved? Are the trustees in breach of their legal duties? Have they failed to take proper investment advice? Do their duties conflict with their own personal interests? Alternatively, are you a trustee concerned about being exposed to a claim because of a decision you have made?

ESTATE ADMINISTRATION DISPUTES: The executors of an estate have various duties – the most important one of which is to ensure the estate is properly administered. Is the executor wasting assets? If you are a residuary beneficiary is the executor failing to provide you with information despite repeated requests to do so? Are you concerned that the executor has a conflict of interests because they are both executor and beneficiary? Is you co-executor making decisions that you should be making jointly? Is the administration of the estate taking too long?

There are many ways in which we can help you whether it is to remind executors or their duties or invite to court to remove or replace them.