Contested Probate and Trust Claims

At Pinney Talfourd we regularly deal with claims for both those who want to make a claim against an estate and for people who want to defend claims being made.

We have a specialist team of Solicitors with considerable experience in this area.

When somebody dies, certain people can make a claim against their estate regardless of what their Will states or indeed if a Will had not been made.

These types of claim typically involve:

Technical claims - where someone alleges a Will is invalid for technical reasons such as it was not signed by the person making the Will in front of two independent witnesses.

Lack of capacity - where a claim is made that the person making the Will did not have the legal understanding ("testamentary capacity") to make a Will or do so in the terms they did

Undue influence - a claim that the person making the Will was unfairly "influenced" to leave money or property to someone.

Inheritance Act - if a Will or intestacy does not provide for someone who thinks it should they can challenge the Will or intestacy on the grounds that it is not fair.

Trusts

The nature of a trust in essence is a straightforward concept. In simple terms assets are placed into a trust and are managed by trustees for the benefit of named beneficiaries. The choice of trustees and beneficiaries is made by the person creating the trust.

There are four main types of trusts:

  • Discretionary
  • Life interest
  • Personal injury trust
  • Will Trusts

Any action involving trusts tend to be heard in the High Court (Chancery Division). In certain circumstances a claim can be heard in the County Court depending on the value of the claim.

In order to bring a claim it will first have to be shown that the principles for the establishment of a trust have been met.

The court can also deal with the appointment and removal of trustees as in order for a trust to function it requires trustees.

In the case of incapacity of a trustee, the Court of Protection has the power to appoint a trustee.

If a trustee experiences problems and require guidance, an application can be made to the Court. The Court will make a decision on what is best for the Trust. If a Trustee follows this guidance they will be entitled to the protection of the Court.

It in not uncommon that Beneficiaries and Trustees fall out. If however it has been alleged that there is a breach of trust which may be civil or criminal in nature, please contact us and we will be happy to advise further on this area including any defences, remedies, reliefs and exemptions.

At Pinney Talfourd Solicitors we recommend that all avenues of settlement, including mediation are explored before proceedings are issued. If a party fails to explore settlement options it may result in an adverse costs order or no order for costs.

For advice on any contested probate claims please contact a member of our Litigation and Dispute Resolution Team who will be happy to advise clients without obligation with a view to arranging an initial consultation on terms to be agreed.

Conclusion

Being a Trustee is a position of responsibility and can be erroneous. Instructing Pinney Talfourd LLP to execute Trustee duties on your behalf can ensure that you to no breach the duties and so put your personal assets at risk.



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