How we can help
Disputes over wills, trusts and estates can be particularly difficult for families to navigate. With an aging population, increased reliance on family wealth and alternative family structures, inheritance disputes are increasingly common. Sensitive and timely advice is required to avoid conflict wherever possible and to implement cost effective, pragmatic solutions.
Our Will, Trust & Estate Disputes team has experience acting for individuals, families, executors, and trustees in resolving a wide range of contentious estates, including those which are high net worth or complex. We have expertise in dealing with trusts and estates that involve rural property and those that have assets located in different countries or multiple jurisdictions, and we work very closely with our non-contentious colleagues in our wider Probate team, our Wills, Estate & Tax Planning team, and our Tax & Trust Management team.
We will always look to minimise litigation risk and resolve disputes using mediation or other Alternative Dispute Resolution (ADR) methods wherever possible. Where necessary, we have an extensive track record of success in the courts of England & Wales.
Our contentious probate lawyers can help with:
Accreditations & awards
Nick Horton is a hugely respected and well-known figure in this area of the law. He approaches cases with real care and attention, and is meticulous in trying to find every possible advantage for a client, in a sensitive and pragmatic way. -The Legal 500 2026
Will disputes
It can be a hugely emotional and challenging time when a close relative or friend dies. These difficult circumstances can be made all the more testing when, as is often the case, that person dies leaving no will (this is known as an “intestacy”), or they leave behind a will that arises suspicion, does not seem to reflect their true wishes, or is simply not as you would have anticipated.
If you find yourself in this situation, there are a number of potential routes and remedies that may be available to you. Although litigation can be a very effective means of resolving disputes, it is not always the case that you would need to go to Court, and with legal assistance these issues can often be resolved in an amicable and successful manner without recourse to formal proceedings.
We have extensive expertise in this area, and we will give you honest, practical advice about the merits of your case and how best to go about securing the outcome you want.
In addition, we work closely with our specialist Wills, Estate & Tax Planning team, and we advise on preventative measures that can be taken by clients to try to avoid such disputes.
Visit our will disputes page to find out how we can help.
Trust disputes
A trust is a legal arrangement whereby one or more people (trustees) hold assets for the benefit of other people (beneficiaries). Those assets are often property or other investments.
A trust is created by the settlor who transfers his or her own assets to the trustees, specifying how and for whom those assets can be used and what powers the trustees have. A trust can be created during the settlor’s lifetime, but can also be set up in his/her will (in which case the “settlor” is known as the “testator”).
There are many different types of trust, e.g. bare trusts, interest in possession trusts, discretionary trusts, accumulation trusts, settlor-interested trusts and non-resident trusts.
Please see our trust disputes page for more information.
Inheritance Act 1975 claims
In England and Wales, an individual can leave their wealth to whomever they wish. However, if inadequate financial provision has been made for a spouse, children or dependants, they may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (often simply referred to as “the 1975 Act” or “the Inheritance Act”).
Claims can be costly and very damaging to family relationships. There are strict time limits that apply to 1975 Act claims. Claims can only be brought in relation to estates of those domiciled in England and Wales. Also there are only certain categories of people who can claim.
We will help you at every step of the way on this technically and emotionally challenging journey.
We often act in cases involving children, or vulnerable individuals. We have experience in dealing with cases for both claimants and defendants. We can also represent executors caught up in such disputes. We can assist with making a claim, but also when proceedings are threatened or issued. We will always assess and advise you about the chances of success of the claim and consider the best tactical approach to the matter, before you embark on the court process.
To find out more see our dedicated page here.
Disputes with personal representatives and trustees
Where an executor (or administrator) or trustee fails to perform his or her duties with care and skill, or in a timely manner, disputes can arise. Beneficiaries will want to ensure that their interests are being properly safeguarded and that they can hold those in control to account during the administration process.
Explore our page on resolving disputes with personal representatives and trustees to learn how we can support you.