Most estates are adminstered smoothly, or need only a steer in the right direction. We can advise on the law as to who should have control of an estate and how an estate should be divided and managed. Although the rules are quite clear, sometimes there is a serious dispute, normally following allegations of wrong doing, which needs to be referred to the Courts. We have considerable expertise of such actions and the issues the Court will consider before making a decision.

We also have experience in challenging and defending the validity of a Will. This is a complex area of law where careful preparation is required, if a case is to be successful. The presentation of sufficient evidence to establish either the deceased's lack of capacity and/or undue influence by another, requires a clear understanding of the criteria that courts apply and the evidence available.

Sometimes, for whatever reason, insufficient provision is made for those left behind. The Courts will, in some circumstances, make an award from the deceased's assets to ensure adequate provision is made for dependents. These cases require a thorough analysis of the needs of the claimant, which have to be balanced against those of the other beneficiaries. Having done that we will then make an early assessment as to the merits of taking a claim.

We always advise clients to seek legal advice promptly so as to protect estate assets, for example through lodging a caveat. Furthermore, some statutory claims require the issue of court proceedings within six months.

Our lawyers have expertise in acting for both claimants and those administering an estate, including:

• preserving assets through promptly entering caveats (cautions)
• clearing off cautions blocking probate
• taking probate claims to establish the appropriate personal representative of an estate
• taking and defending claims for breach of the fiduciary duty owed by the personal representatives managing an estate
• taking and defending Inheritance (Provision for Family & Dependants) Act claims seeking fair provision from an estate for family members or dependents
• acting for an estate in recovering assets
• taking probate claims to establish the division of assets, where English rules are in conflict with the rules applicable to a foreign probate
• considering claims against an estate that another has beneficial ownership of estate assets under the Trusts of Land (Appointment of Trustees) Act
• taking and defending claims challenging a Will on the basis of lack of capacity
• taking and defending claims challenging a Will o nthe basis of undue influence by another with a vested interest in the Will
• considering the effectiveness and validity of Wills on the basis of their content or manner of execution
• considering claims effecting estate assets on the basis of proprietary estoppel