Will and Trust Disputes

ServicesExpertisePrivate WealthWill and Trust Disputes
Will and Trust Disputes

Wills, trusts and estates, in their creation, administration and winding up, can go wrong in all sorts of ways no matter how well you plan.

Whether you are contesting a will, having difficulty with trustees or beneficiaries, or just trying to work out your options under a will or trust, this complex area of law requires professional advice as early as possible to avoid costly disputes. We believe that prevention is better than cure and pride ourselves on our approach to alternative dispute resolution.

Some of the matters we can help resolve include

  • Contesting a will – Will disputes by their very nature can arise at a time of great stress and vulnerability for all involved.
  • UK and international trust disputes – Increasingly, individuals and trustees face complex trust disputes involving more than one jurisdiction.
  • Inheritance Act and proprietary estoppel claims – People are entitled to leave their estate in whatever manner they wish. However, there are two important ‘checks’ on this freedom.
  • Disputes regarding the administration of an estate or trust – Claims can range from over-charging to poor management of estate or trust assets to not considering the needs of all beneficiaries properly.
  • Non-contentious applications to the Court – Sometimes, even though there is no actual dispute, an issue arises with an estate or trust where the Court’s approval is required.
  • Trusts and divorce – Working closely with our Family team, we advise spouses on the best way to attack or defend their interests under a trust, and also advise trustees on their disclosure obligations and how to take steps to insulate trust assets from attack.
  • Professional negligence claims – Unfortunately, drafters of wills and trusts do not always get it right, and we can advise on any claims that may arise.
  • Charity legacy – Charities rely on legacies to survive and require specialist advice to balance their compliance/reputational concerns against achieving the best possible result.

Our award winning will and trust disputes team assists professional and lay trustees, protectors/enforcers, administrators/executors, charities, and beneficiaries to resolve the most troublesome issues in trusts and estates, both internationally and in the UK.

We work with offshore and onshore trustees, lawyers, accountants and investment advisers. Where necessary, notably in cross-border matters, we will assemble the right professionals required to resolve your matter successfully. Our skilled and seasoned body of trust, tax and litigation professionals stand behind our reputation as a market leader.

We are currently able to offer a range of funding options, and are happy to talk through a no obligation consultation on your matter.

‘Bircham Dyson Bell “has gone from strength to strength” under the “very effective” leadership of Geoffrey Kertesz; it has “a great client base and has been involved in a number of high-profile disputes”’
Legal 500 UK 2017

‘It’s a good team that has both strategic vision and technical know-how’.
Chambers & Partners UK 2017