Trust and Probate Disputes
Emms Gilmore Liberson’s litigation team have extensive experience of resolving Contentious Trust and Probate Disputes with Richard Cooper and Peter Adkins being full members of the Association of Contentious Trust and Probate Specialists (“ACTAPS”).
Both Richard Cooper and Peter Adkins previously worked together in the Contentious Trust and Probate team of another city based law firm, which firm was continually recognised in the field of Contentious Trust and Probate Disputes in the Legal 500, a guide to leading law firms.
Recognising, that many Contentious Trust and Probate Claims are unmeritorious, and often spurious, they take a “iron fist in a velvet glove” approach when acting for trustees, executors and beneficiaries when they are faced with a claim, often persuading the Claimant to drop their claim allowing the estate assets to be distributed, or taking steps to force the Claimant to “put up or shut up” by commencing Court Proceedings.
Our team has typically acted for the Defendants in Inheritance Disputes, but where it acts for Claimants, they will similarly analyse your claim, and agree with you the best way forward to resolve your dispute, often recognising the need to engage in mediation if appropriate. Where, mediation is unsuccessful then our team will act to protect the estate calling on their experience of Contentious Trust and Probate Disputes but also bringing to the fore their experience in the commercial litigation arena.
Our team have experience in dealing with the following types of disputes: –
- Disputes concerning the validity of a will – principally in the area of capacity, understanding and execution.
- Inadequate provision claims – Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Disputes concerning allegations of undue influence and duress.
- Negligent will drafters and other professionals.
- Property claims.