Probate & Trusts

Our Civil team have vast amounts of experience advising and litigating in complex probate and trust claims.

People living longer, second marriages, cohabitation, widespread home ownership and house price inflation mean that families need more help than ever with disputes about wills and home ownership.

Did a person have mental capacity to make a will or a gift? Has  an attorney acted properly? What are the assets? Was reasonable financial provision made? What should the executors do?

We regularly advise and litigate on testamentary capacity, undue influence, Inheritance Act proceedings and the powers of executors.

Resulting and constructive trusts need to resolved when partners and families separate, and on death.

We can help with all of these and get a freezing injunction to prevent the dispersal or export of assets. Our work in this area links seamlessly with our Court of Protection practice.

Our recent cases include:

• Testamentary capacity, including temporary incapacity, Alzheimer’s and poisoning of affections
• Undue influence by carers, friends and family
• Setting aside gifts
• Establishing beneficial ownership of assets
• Inheritance Act claims by spouses, second spouses, partners, adult and minor children and other dependents
• Constructive and resulting trusts
• Interpretation of trusts and wills
• Forgery and fraud
• Scientific proof of kinship