Probate

What happens if there is a dispute over probate or a trust?

Unfortunately, a person’s passing can be made even more difficult by the existence of disputes over their estate.  Contentious probate is notoriously complex and includes:

• Interest actions, namely disputes concerning the interest of someone claiming an entitlement to a grant of some kind in connection with the estate of a deceased person.
• Claims to pronounce for or against a Will in “solemn” form (ie when a court confirms the validity of a Will).
• Claims for revocation of a grant already made.  Specialised legal issues arise in cases involving the validity of a Will, such as:  want of due execution, capacity, undue influence, fraud, knowledge and approval, sham, revocation, forfeiture and questions of interest.
• Claims regarding mutual Wills and proprietary “estoppel” (a well known legal principle to do with fairness and justice).
• Applications for administration of an estate pending a probate claim.

Trusts can also prove to be the source of dispute.  You may be a settlor, trustee or beneficiary under a trust.  A barrister’s help can be invaluable in trust dispute, including the following:

• Claims by beneficiaries against a trust or trustees.
• Claims by third parties against a trust.
• Applications by trustees for direction.
• Removal or substitution of trustees.

Who is the best barrister for me?    

myBarrister barristers include experts on all aspects of probate and trusts, including how to resolve contentious issues arising out of probate and trusts. Your barrister will be able to advise on contested trusts or contested probate, and your best course of action.