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Wills, Trusts and Estates Disputes

Our professional and personable team have a long record of success and depth of experience. Nadia Cowdrey, who is ranked in Chambers HNW and Legal 500, heads the team.

If you are considering contesting a will, do seek the advice of a specialist first to ensure the best possible outcome.

We are members of the Association of Contested Trust and Probate Specialists (ACTAPS) and have a thorough understanding of the unique procedures that need to be followed.  We will keep your interests at heart during what is often an emotionally-charged time and consider empathy and our ability to build a close rapport with our clients of the utmost importance.

When might a will be contested?

When there is a lack of legal formalities. A will must be in writing, signed by the testator (the person making the will) and witnessed by two others.

When there is lack of testamentary capacity.  The testator did not understand that they were making a will or, the effects the will might have.

Lack of knowledge and approval. The testator didn’t know or didn’t approve what was in the will.

Fraud or undue influence. An imposter or person taking advantage of a position of power over the testator had an influence in the making of the will.

Subsequent revocation. If there is a later will or the testator married after making the will.

Proprietary estoppel. The testator failed to keep a promise that they made to you (which you had relied upon to your detriment) to leave something to you in their will.

Constructive trust. The deceased tried to make a gift of property that does not belong to them because it is already been placed in a trust.

Debt. The deceased owed you money.

Inheritance (Provision for Family and Dependants) Act. The will did not make any provision for you at all or that provision was not reasonable.  There is a strict six month time limit for making this claim.

We can also advise on the removal of executors. If you have an interest in the estate or you are a creditor of the estate, you may make an application to the court to remove, substitute and appoint additional executors.

We offer a free 30 minute consultation to help you decide if you have a claim.

For further information please contact us on 01273 324041, by email or complete our online enquiry form.



If you would like more information, please contact us on:

01273 324041brighton@griffithsmith.co.uk