Trust and inheritance claims

The Commercial Litigation department, 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 department 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 specalised area which is a key benefit to members.

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

For more information about the circumstances in which a will can be disputed or an inheritance claim made, click on following the links below.

• Disputed wills
• Inheritance disputes

Association of Contentious Trust and Probate Specialists (ACTAPS)

Partners Simon Pedley and Nicola Marchant are two of only three 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. 

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 and 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 possessions 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 member of our team specialising in trust and inheritance disputes, please call 0844 980 1437 or send an email.