Challenging Lifetime Gifts
Disputes involving a Will, estate or trust can become complex very quickly. They often involve valuable assets, longstanding family relationships and difficult questions about a person's intentions, capacity or financial arrangements.
Our contentious trusts and probate solicitors provide specialist advice to individuals, beneficiaries, executors, administrators and trustees involved in disputes concerning wills, estates, trusts and lifetime transactions.
Recognised by The Legal 500 as a Tier 1 firm for Contentious Trusts & Probate in the North West, our team advises clients from our offices in Chester, Shrewsbury, Altrincham and the Wirral. We also act for individuals and families across England and Wales and internationally.
We understand that these matters are rarely just about money. Our role is to establish the legal and practical position, identify what matters most to you and put in place a clear strategy for resolving the dispute as quickly and cost effectively as possible.
Whether you are considering a claim, defending one or dealing with difficulties in the administration of an estate or trust, our experienced team can advise you on the options available.
Contact our Contentious Trusts & Probate Solicitors
How Our Contentious Trusts and Probate Solicitors Can Help
We know that no two estate or trust disputes are the same. The appropriate approach will depend on the circumstances, the assets involved, the relationships between the parties and what you ultimately want to achieve.
We advise on disputes ranging from questions over the validity of a Will to complex claims involving substantial estates, property, businesses, trusts and assets held overseas.
Our contentious trusts and probate services include:
Contesting a Will
There are circumstances in which a Will can be challenged, including concerns about testamentary capacity, undue influence, knowledge and approval, fraud, forgery or whether the Will was properly executed.
If you believe a Will does not represent the deceased's true intentions, or you are responsible for an estate facing a challenge, our highly experienced solicitors, led by Partner James Wallace, can assess the evidence and advise on the appropriate next steps.
We act both for those seeking to challenge Wills and for executors, beneficiaries and other parties seeking to defend them.
If you are unsure whether there are grounds to act, our guide to when you can contest a Will explains issues including probate, time limits and the distinction between challenging a Will and bringing a financial provision claim.
You can also read our detailed guide on how to challenge a Will for further information about the process and the evidence that may be relevant.
Learn more about Contesting a Will
Inheritance Act 1975 Claims
A Will can be legally valid but still fail to make reasonable financial provision for certain family members or dependants.
The Inheritance (Provision for Family and Dependants) Act 1975 allows specified individuals to bring a claim against an estate in certain circumstances.
Our Inheritance Act claim solicitors advise those considering a claim as well as beneficiaries, executors and personal representatives responding to one.
Time limits can apply to Inheritance Act claims, so it is important to obtain specialist advice promptly.
For a more detailed explanation of eligibility, deadlines and the factors considered in these cases, read our guide to what the Inheritance Act 1975 is and who can claim.
Learn more about Inheritance Act claims
Estate Administration Disputes
Disagreements can arise while an estate is being administered, particularly where beneficiaries have concerns about delays, costs, distributions or the conduct of an executor or administrator.
Our estate administration dispute solicitors advise executors, administrators and beneficiaries on matters including disputes between personal representatives, requests for estate information or accounts, disagreements over distributions and applications concerning the removal or replacement of personal representatives.
Early advice can often help clarify the responsibilities of those administering the estate and prevent the dispute from causing unnecessary delay.
Where the problem concerns the conduct of a personal representative, our guide to removing an executor explains some of the circumstances in which action may be considered.
Learn more about Estate Administration Disputes
Trust Administration Disputes
Trustees have important legal obligations concerning the management and administration of trust assets.
Disputes may arise between trustees, beneficiaries or other interested parties over how a trust is being managed, decisions made by trustees, the provision of information or the distribution and protection of trust assets.
Our trust administration dispute solicitors advise trustees and beneficiaries on complex trust disputes and the steps available to protect their position.
If you are unfamiliar with terminology used during a trust or estate dispute, our contentious probate dictionary explains many of the legal terms that may arise during the process.
Learn more about Trust Administration Disputes
Proprietary Estoppel and Trust Claims
Property disputes can arise where legal ownership does not reflect what someone believes they were promised or what they contributed towards the property.
For example, a person may have acted to their detriment because they were assured they would inherit or receive an interest in a property.
Our proprietary estoppel and trust claim solicitors can advise on disputes involving promises concerning property, beneficial ownership and competing claims to land or other assets.
These cases are highly fact-specific and often depend on the history of the relationship between the parties, what was said or promised and the actions taken in reliance upon it.
Such disputes are particularly relevant to farming families, where promises concerning ownership or succession may have been made over many years. Where the matter includes farming families, our guide to farm inheritance disputes explains how Wills, ownership arrangements and promises concerning agricultural assets can interact.
Learn more about Proprietary Estoppel and Trust Claims
Challenging Lifetime Gifts
Concerns about an estate do not always relate to the terms of the Will itself.
Questions may arise about money, property or other assets transferred during a person's lifetime, particularly where there are concerns about mental capacity, undue influence, actions taken under a lasting power of attorney, or whether the transaction was genuinely intended as a gift.
Our solicitors advise on the validity of disputed gifts and other lifetime transactions, including cases where the person receiving the asset was in a position of trust or responsibility.
We can also advise those seeking to uphold a lifetime gift that has subsequently been challenged.
For more information about one of the principal grounds on which these transactions can be disputed, read our guide to undue influence and challenging a lifetime gift.
Learn more about Challenging Lifetime Gifts
Advice for Beneficiaries
If you are a beneficiary, discovering that an estate or trust is being disputed can create considerable uncertainty.
You may be concerned that a claim will reduce your inheritance, that an executor or trustee is not dealing with matters properly, or that assets have been transferred or distributed incorrectly.
We can assess your legal position and advise whether you should actively participate in the dispute, seek further information, negotiate with the other parties or take formal legal action.
Where a Will itself is being challenged, our guide to defending a contested Will explains some of the practical issues executors and beneficiaries may need to consider.
Where several legal issues overlap, we will consider the wider estate or trust arrangements rather than looking at one issue in isolation.
Advice for Executors and Administrators
Being appointed as an executor or administrator can become particularly difficult when a dispute develops.
You may be faced with competing claims from beneficiaries, questions concerning the validity of the Will, an Inheritance Act claim or disagreement about how the estate should be managed or distributed.
Personal representatives have duties that need to be considered carefully when litigation is threatened or underway.
Our solicitors can advise you on your responsibilities, the appropriate steps to protect the estate and when it may be necessary to remain neutral between competing beneficiaries.
Executors who themselves have concerns about the validity of a Will face particular issues because of the potential conflict between their duties and personal position. Our guide explains whether an executor can challenge a Will and the steps that may need to be considered.
If the dispute concerns the administration itself, our estate administration dispute solicitors can provide more detailed advice.
Advice for Trustees
Trustees can find themselves responsible for substantial assets while also managing competing interests between beneficiaries.
A disagreement about distributions, trustee decisions, investment of trust assets, information or the interpretation of a trust can expose trustees to personal and financial risk if the matter is not handled correctly.
We advise trustees on their duties and beneficiaries on their rights, with a focus on finding a proportionate solution while protecting the trust assets wherever possible.
Complex and High-Value Estate and Trust Disputes
Complex estates require more than an isolated assessment of the disputed Will or trust document.
The estate may include businesses, substantial property interests, trusts, agricultural assets or property and investments outside the UK. There may also be tax, company or property issues that affect the strategy for resolving the dispute.
Our team deals with complex and high-value estate and trust disputes, including matters with cross-border and overseas elements.
High-value estates can create additional issues around business interests, international assets and competing family expectations. Our guide to contesting a Will involving a high-net-worth estate examines some of the issues that can arise in these cases.
Where a dispute involves another area of law, we can work with colleagues across Aaron & Partners to ensure that the wider commercial, property, tax or family implications are properly considered.
Resolving a Contentious Probate or Trust Dispute
Court proceedings are not the only way to resolve a dispute.
The right strategy will depend on the strength of the evidence, the value and nature of the assets, the relationship between the parties, the urgency of the matter and the outcome you are seeking.
At the outset, we will consider the merits of your position and the practical options available. This may involve obtaining documents and evidence, corresponding with the other parties and exploring opportunities for negotiation or mediation.
Where an appropriate settlement can be achieved, resolving matters without a final court hearing can reduce cost, delay and uncertainty.
Where proceedings are necessary, we can represent your interests and develop a litigation strategy focused on the issues that matter.
What Should I Do If I Think an Estate or Trust Is Being Disputed?
Obtaining legal advice early can make a significant difference.
Documents and evidence may need to be preserved, estate assets may need protection and some types of claim are subject to important time limits.
Before acting, it is important to establish exactly what type of dispute has arisen. Challenging the validity of a Will, bringing an Inheritance Act claim and disputing the conduct of an executor are legally distinct matters and can require different evidence and remedies.
Our contentious trusts and probate solicitors can review the circumstances and identify the most appropriate route. We can then explain the immediate steps required, any relevant time limits and the likely options for resolving the dispute.
Contentious Trusts and Probate Advice Across the North West and Midlands
Our team provides contentious trusts and probate advice through our offices in Chester, Shrewsbury, Altrincham and the Wirral.
This gives clients across Cheshire, Shropshire, Greater Manchester, the Wirral and surrounding areas access to specialist advice on disputed Wills, estates, trusts and Inheritance Act claims.
When you contact our team, we will work with you to identify the concerns relating to your matter and can arrange an appointment at the office most convenient to you, via video call or telephone.
Where appropriate, we also act for clients elsewhere in England and Wales in addition to disputes involving overseas assets or cross-border estate issues.
How Much Does a Contentious Trust or Probate Dispute Cost?
The cost of resolving a trust or probate dispute depends on the issues involved, the amount of evidence required, the approach taken by the other parties and whether court proceedings become necessary.
We offer a range of approaches to funding appropriate cases including No Win No Fee where the claim has good prospects and the value of a claim exceeds £100,000. We can also offer deferred fee arrangements where you are entitled to a share in the estate but there will be a delay in receiving your entitlement.
You can read more about our contentious trusts and probate fee options, including the different funding arrangements that may be available.
We will discuss costs with you from the outset so that the likely financial implications can be considered as part of the overall strategy.
Why Choose Aaron & Partners?
Aaron & Partners is ranked Tier 1 for Contentious Trusts & Probate in the North West by The Legal 500, recognising the strength and depth of our specialist practice.
Contentious trusts and probate work frequently involves difficult family circumstances alongside technically complex legal and financial issues. Our partner-led approach combines specialist legal knowledge with a clear understanding of the wider circumstances surrounding the dispute.
The team includes solicitors with extensive experience across contentious trust and probate matters, with particular expertise in complex and high-value estate and trust disputes, Inheritance Act claims, contested Wills and matters involving cross-border or overseas assets.
We focus on understanding what you want to achieve and identifying the most effective way to protect your position.
Speak to Our Contentious Trusts & Probate Solicitors
If you are concerned about a Will, estate, trust or lifetime transaction, early advice can help you understand your position before the dispute develops further.
We advise people bringing claims as well as beneficiaries, executors, administrators and trustees responding to them.
Contact our Contentious Trusts & Probate team to discuss your circumstances and the options available.
