Disputes

Resolving estate, trust and property disputes

Our highly qualified, specialist Disputes team can help resolve any dispute related to estates, trusts or property. Our approach is focused on seeking to add value to our client’s position, as cost-effectively as possible. This could include running claims through the Court system to a trial, or advising clients on how to best extract themselves, at minimum expense, from an adverse claim

We pride ourselves on securing outcomes that put clients in a better position. We have a strong track record in achieving positive outcomes.

Contentious probate expertise

Our team, which focuses exclusively on estate and trust disputes as opposed to broader litigation, is made up of true specialists in the field of contentious probate. They are all either full members of the Association of Contentious Trust & Probate Specialists (ACTAPS) or are studying to become members. The senior members of our team have all been ranked in the Legal 500 for several years.

As we act for both claimants and defendants in all areas of inheritance related disputes, we work in conjunction with our inhouse trusts and estate administration and Wills and estate planning lawyers and have tax specialists readily available to assist with the resolution of these disputes if necessary.

Professional advice during disputes

Disputes related to an estate, or a trust, are often very personal. Whether it be calling executors or trustees to account, funeral and burial disputes or professional negligence claims, disagreements of this nature can be highly charged and emotional, requiring careful handling from a legal team and reinforced by strong backroom support.

We will guide and support you through the entirety of a dispute, being sensitive to your situation and the wider context, whilst providing clear and robust advice. Helping you, or your family, navigate a complex and ever evolving area of law, our role is to bring a clear focus and objectivity to a dispute, giving you a realistic appraisal of your position during difficult times.

In recent years we have helped a widow secure the majority of her husband’s estate which he had left to charity, without beforehand ensuring she could retain the matrimonial home. Our team also acted for the beneficiary of an estate whose stepmother had sold the estate’s property and was planning on absconding to another jurisdiction. In this scenario we quickly applied for an injunction on behalf of our client to help protect the estate assets and her future security.

Disputes with a Will

Will disputes, also known as contested probate claims, involve a challenge to the validity of a Will. If you have not been included in a Will, and you feel you should have been, our team can help investigate the circumstances, advising you on the merit of a challenge.

The grounds on which a Will can be challenged are varied but some common examples include lack of due execution, where the Will was not adequately signed or validated, undue influence, where pressure was placed on an individual to make or change a Will, forgery or fraud.

Lack of testamentary capacity is a common ground on which Wills are challenged. This applies when the mental capacity of the person making the Will, known as the testator, is questioned.

Broken promises can also be a cause for a dispute with a Will. If you have been promised something by an individual and it is not subsequently made out in their Will, you may be able to advance a claim under the premise of proprietary estoppel. These claims are difficult to prove, as they often rely on oral promises or assurances, and our experienced team can help build a strong case or consider evidence in response to broken promises.

Mistakes in a Will

Simple mistakes during drafting of a Will can happen whether that be through failure to understand the testator’s instructions, a clerical error, ambiguous wording requiring clarification or professional negligence. Our team can offer advice and guidance in respect of claims in rectification or construction of a Will.

Financial provision under the Inheritance Act 1975

If an individual has been excluded from a Will but is seeking financial provision they can do so under the Inheritance (Provision for Family and Dependants) Act 1975, or the 1975 Act. This allows certain categories of people to apply to the Court for reasonable financial support from a deceased person’s estate.

Eligible people include spouses or civil partners, children, stepchildren if treated as “a child of the family”, co-habiting partners, anyone who was being maintained by the deceased and ex-spouses or civil partners who have not remarried.

Meridian can provide advice on the key factors considered by the Court in claims of this nature ranging from the size of the deceased’s estate to the financial position of an applicant and their maintenance needs. We can help guide you through the process of bringing a claim, or equally defending a claim, which must be done within six months from the date of the Grant of Probate being issued.

Executor and trustee disputes

Acting as an executor or trustee is a big responsibility involving many duties and obligations. Breaching any of those, or mismanagement of a trust or an estate, can have serious repercussions.

Equally, the beneficiaries of a trust may challenge or not agree with the proposed decisions of trustees or executors. We can help navigate through these complex and multi-layered issues, resolving areas of dispute but also ensuring that the executor, or trustee, is not exposed to any personal liability at the same time. For example, we can make applications to Court for directions where required, including making applications for Benjamin Orders and Beddoe relief to help protect trustees against future claims.

Acting as Independent Administrator or Independent Trustee

There are occasions where a dispute means it is necessary for the original executors or trustees to be removed from their role. Partners at Meridian Private Client are qualified to take on the role of independent trustee or administrator. This may arise at the end of a Court case but can happen with the consent of all relevant parties, at an earlier stage.

What does a typical disputes case look like?

Accessible advice for all

Not all Will disputes are the same and our team manages a diverse contentious case portfolio ranging in size and scale. In acting for a charity to challenge the validity of a homemade Will our team successfully proved that the Will was forged resulting in a criminal conviction for the perpetrator and securing the £2 million estate for the charity. In other matters we have helped defend spurious challenges to Wills which helped secure much needed inheritance for the family members benefiting in the Will.

Our work is not restricted to UK shores and our team is experienced in dealing with cross-border disputes. We recently acted as independent administrator in a cross-border estate matter involving discrepancies with a foreign Will. On this occasion, our team helped to resolve disputes between the various beneficiaries as to the proper devolution of various properties held within the estate.

There is no time limit for challenging a Will, although the passage of time can make it harder to obtain appropriate evidence to support the challenge, especially when the Grant of Probate has been issued in readiness for distribution of an estate. Meridian’s Disputes team can work with you to consider your options where the Grant of Probate is obtained including the importance of obtaining an undertaking from the executors of a Will to delay distributions and the process of removing caveats linked to a Will.

Frequently Asked Questions

How can I challenge a Will?

There are four grounds on which a will can be challenged. These include if the Will does not comply with the formalities of section 9 of the Wills Act 1837 in terms of its witnessing, or that it is forged, that the testator – the person writing the Will – lacked testamentary capacity, that the testator lacked knowledge and approval of the Will, or that the testator was subject to undue influence or fraudulent calumny.

How much time do I have to bring a challenge to a Will?

There is technically no time limit for challenging the validity of a Will. However, you may wish to seek legal advice as soon as you discover any issues before the estate is distributed as once funds are distributed there may be complexities in unravelling everything. Claims under the Inheritance (Provision for Family and Dependants) Act 1975, have to be advanced within 6 months of the issue of the Grant of Probate, after which the Court’s permission is required. Other claims, in particular those related to professional negligence, will be subject to specific limitation periods.

What evidence do I need to challenge a Will?

This will depend on exactly what type of claim is being brought, but common examples of evidence that needs to be obtained include files from the professional that drew up the Will; files from other professionals, such as accountants or independent financial advisers (IFAs) who had dealings with the deceased; medical or financial records and witness evidence from those who are familiar with the Will.

The Grant of Probate has been taken out, am I still able to challenge the Will?

Yes, you can still challenge the validity of the Will. However, the matter will be more time critical as distributions could happen at any time. It is important to put the executors on notice of your claim in early course and seek their undertaking to not distribute. Claims under the Inheritance Act 1975 should be advanced within 6 months of the date of the Grant of Probate, otherwise the Court’s permission is required.

How long does it take to challenge a Will?

It depends on the type of claim and the precise issues in dispute. We would usually recommend that attempts are made to try and resolve any dispute by consent in the first instance. If they cannot then the Court may need to be involved. Depending on the type of claim, we would usually expect a Court case in the High Court to take somewhere between 18-24 months to reach a trial