Inheritance, wills and estates disputes

Inheritance, wills and estates disputes

We can advise you as an executor or administrator (personal representative), beneficiary or disappointed beneficiary in relation to inheritance and will disputes, both in England and Wales and abroad. Issues that we can help with include:

  • Advising on claims relating to the validity of wills, including challenges on the grounds of lack of capacity, undue influence, want of knowledge and approval, fraud or forgery, fraudulent calumny, or lack of due execution
  • Advising on the rectification and construction of wills
  • Acting for both claimants and defendants in claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Acting as an independent trustee, personal representative or court appointed representative in contentious trusts and estates, or related claims
  • Advising on disputes relating to the administration and succession of complex cross-border estates, including related issues of domicile and conflict of laws (private international law)
  • Advising on applications for the removal and replacement of personal representatives
  • Advising on interim or limited grants of representation
  • Acting for fiduciaries where disputes arise between beneficiaries or third parties
  • Acting on challenges to lifetime gifts and other inherited property disputes, such as proprietary estoppel, resulting and constructive trusts, and Trusts of Land and Appointment of Trustees Act 1996
  • Advising on partnership disputes involving estates or loss of capacity, and the distribution of assets after the death of a partner, including family run businesses and farming partnerships
  • Advising on the administration of contentious estates, including distributions and indemnities

Key experience

Estate dispute

We acted for a trust company in their capacity as executors and trustees (the “Executors”) of the deceased (“D”)’s estate. A dispute arose in relation to the validity of D’s will and in respect of a specific clause which required the Executors to take account of certain lifetime gifts made by D to the beneficiaries. Several of the beneficiaries were unhappy with their legacies and threatened claims under the Inheritance (Provision for Family and Dependants) Act 1975 in respect of the Estate. Forsters helped the Executors negotiate a settlement between the beneficiaries, allowing them to distribute D’s estate.

Complex estate across three continents

We act for the beneficiary of a residuary will trust arising from a complex estate with assets and beneficiaries across three continents. This case involves issues of modern families and demonstrates our expertise in dealing with novel legal issues relating to the interpretation of trust deeds in light of evolving definitions of family.

Meet our team