Contentious Private Wealth

Will Disputes

Our will disputes practice acts for executors, beneficiaries, family members and charities in disputes over the validity, meaning and effect of wills, and over the fair distribution of an estate.

Tom-Klemme-2-e1762964280234
Thomas Klemme

Partner

Contentious Private Wealth

+44 (0)7386 678456

London

tklemme@quastels.com
Key Contact

Will Disputes

Our Will Disputes Services

Our work includes:

Challenging a Will

Acting in claims to set aside a will on grounds including lack of testamentary capacity (applying the long-standing test that a testator must understand the nature of making a will, the extent of the property being disposed of, and the claims of those who might expect to benefit), want of knowledge and approval of the will's contents, undue influence, fraudulent calumny (where a testator's mind is poisoned against a natural beneficiary through dishonest allegations), forgery or want of due execution.

Inheritance Act claims

Advising and acting for applicants and estates in claims under the Inheritance (Provision for Family and Dependants) Act 1975, where a spouse, former spouse, child, cohabitant or dependant of the deceased seeks reasonable financial provision from an estate that has not made adequate provision for them, and advising on the range of orders the court can make, from periodical payments and lump sums to the transfer or settlement of specific property and the variation of existing trusts.

Rectification and construction

Applications to rectify a will affected by a clerical error or a failure to give effect to the testator's true intentions, and disputes over how ambiguous or unclear wording should be interpreted.

Proprietary estoppel and promises

Acting in disputes where someone claims an interest in an estate on the basis of a promise made to them during the deceased's lifetime, on which they relied to their detriment.

Disputes over the administration of estates

Acting for or against executors accused of maladministration, delay or conflicts of interest, and advising on the removal or replacement of a personal representative.

Lifetime gift and capacity disputes

Advising on the validity of lifetime gifts or transactions made shortly before death, where capacity or undue influence is in question.

Will Disputes

Our Approach

We approach these disputes with sensitivity to the family relationships involved, seeking early resolution through negotiation or mediation wherever possible, and litigating robustly where a fair outcome cannot otherwise be reached. We work closely with our private client and Court of Protection colleagues, and instruct specialist contentious probate counsel on complex or high-value matters.

Will Disputes

Our Team

Margaret-Fearnley-2-1-e1773828541106
Margaret Fearnley

Paralegal

Dispute Resolution

+44 78991 854456

London

mfearnley@quastels.com
Tom-Klemme-2-e1762964280234
Thomas Klemme

Partner

Contentious Private Wealth

+44 (0)7386 678456

London

tklemme@quastels.com
Florence-Wilson-Gunn-2-scaled-e1736352707802
Florence Wilson-Gunn

Solicitor

Dispute Resolution

+44 (0)7587 817528

London

fwilson-gunn@quastels.com
Our entire team

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