Estates, Trust & Inheritance Disputes

 

 

"Our family was unfortunately involved in a difficult and complicated contested trust claim. The team at Pannone dealt with our case in an understanding manner and with the utmost professionalism from start to finish. Simon Pedley and his team looked after the litigation aspect of our case with diligence and care. The settlement they concluded for us was logical and cost efficient."

A Brown, client

The Dispute Resolution team, although primarily commercially based, also advises individual clients of the firm and estates in relation to all contentious trust and contentious probate matters.

Given the firm's substantial private client base, the group has amassed considerable and unrivalled expertise in the North of England, and can provide clients with succinct, cost-effective advice backed up by substantial resource and a wealth of experience.

Our team of contentious probate solicitors also work with colleagues in our Trust and Estate Planning department to ensure our clients receive the full range of expertise available in the firm which might be required by the particular circumstances of their dispute. In addition, our membership of the Association of Contentious Trust and Probate Specialists (see further below) ensures our team enjoys the sharing of legal knowledge and training in this highly specialised area (a key benefit to members).

We understand that when people become embroiled in disputes involving wills or other inheritance issues, these matters are often very emotional and difficult. We are always aware of the nature of the work we are dealing with and advise our clients in a professional, empathetic and sensitive manner at all times.

Association of Contentious Trust and Probate Specialists (ACTAPS) and Society of Trust and Estate Practitioners (STEP)

Partners Simon Pedley and Nicola Marchant are two of only four solicitors in Manchester to belong to the prestigious ACTAPS. The ACTAPS was established for lawyers specialising in contentious trust and probate work. It aims to provide a forum for exchange of experience and know-how and education and training.

In 2011 Simon and Nicola obtained the Advanced Certificate in Trust Disputes from the Society of Trust and Estate Practitioners (STEP), and are associate members of STEP.

Simon is also a fully qualified solicitor-advocate, and has appeared in substantial trials in the Chancery Division of the High Court in contested trust and probate matters. Simon, Nicola and their team have an exceptionally wide range of experience, almost certainly unrivalled outside London.

Our experience

Our experience in relation to disputed wills, contested probate and inheritance disputes includes:

  • acting for claimants, executors and beneficiaries in an extremely wide variety of claims under the Inheritance (Provision for Family and Dependants) Act 1975, on estates of all sizes, including those of household names
  • acting in contentious probate matters, where wills have been disputed on ground of lack of testamentary capacity, undue influence, non est factum, proprietary estoppel and others
  • actions to determine the correct interpretation of badly-drafted wills.Acting on contested claims to replace trustees and executors
  • applications to court for guidance/directions by trustees and executors
  • disputes between trustees
  • representing executors in commercial litigation matters affecting estates, including company disputes, partnership disputes, disputes regarding the ownership of land and actions to recover possession of estate property
  • disputes between cohabitees of property
  • rectification of trust deeds
  • advising executors and beneficiaries in estates where claims have been made for relief from forfeiture by the killers of the deceased
  • applications to court by trustees under the principles in Re Hastings-Bass for relief from the tax consequences of decisions made in error
  • professional negligence claims arising from all aspects of wills and probate

To speak with a solicitor in the Dispute Resolution team please click here or call us on 0800 840 4929.

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