What happens if there is a dispute over probate or a trust?
Unfortunately, a person’s passing can be made even more difficult by the existence of disputes over their estate. Contentious probate is notoriously complex and includes:
- Interest actions, namely disputes concerning the interest of someone claiming an entitlement to a grant of some kind in connection with the estate of a deceased person.
- Claims to pronounce for or against a Will in “solemn” form (ie when a court confirms the validity of a Will).
- Claims for revocation of a grant already made. Specialised legal issues arise in cases involving the validity of a Will, such as: want of due execution, capacity, undue influence, fraud, knowledge and approval, sham, revocation, forfeiture and questions of interest.
- Claims regarding mutual Wills and proprietary “estoppel” (a well known legal principle to do with fairness and justice).
- Applications for administration of an estate pending a probate claim.
Trusts can also prove to be the source of dispute. You may be a settlor, trustee or beneficiary under a trust. A barrister’s help can be invaluable in trust dispute, including the following:
- Claims by beneficiaries against a trust or trustees.
- Claims by third parties against a trust.
- Applications by trustees for direction.
- Removal or substitution of trustees.