Oxford Probate Dispute Law Firm
Experienced Private Client Litigation Lawyers in Oxford
Helping you to find the solution
Will, trust and inheritance disputes can happen in any family. Whether you are involved in a challenge to the validity of a will, a dispute relating to a family trust or a claim for a share of a loved one’s estate, our Oxford Will Dispute team can help you.
Disputes relating to family wealth come, all too often, at a time when families are bereaved and when emotions are already running high. Our team of specialist lawyers in Oxford, adopt a highly personal and tailored approach to each dispute. We understand that these matters will have a profound impact on multiple aspects of your life and we will guide you through the complex and often emotional journey of disputes over family wealth with both compassion and empathy.
Whether you are a beneficiary, executor, trustee or an individual, we will work with you to advise on the best way to reach a solution in an easy to understand, efficient and cost-effective way. Wherever possible we seek to reach settlement through negotiation or mediation. Where a settlement is not possible, we will carefully guide you through the court process, highlighting the risks and costs of each step.
Examples of the types of work we help our clients with include:
- Challenging and defending the validity of a will.
- Bringing and defending claims for financial provision from an estate.
- Trustee disputes.
- Advice regarding Powers of Attorney where a dispute has arisen.
- Advice in relation to lifetime gifts, misappropriation of funds and legacies in wills.
- Removal and replacement of executors and trustees.
- Correcting drafting errors in wills and the meaning and effect of unclear terms in wills.
- Claims against professionals and will writers.
Our process
We invite you to contact our specialist Oxford Will Dispute Lawyers to discuss your case and how we might be able to assist in the first instance.
Following our initial call, you will be provided with a focused plan covering the information we need from you and the next steps. We understand that costs will likely be at the forefront of your mind and will ensure to provide you with clear costs information from the outset and throughout.
We can correspond in the manner that suits you best be that email, telephone, video call and in person meetings. We are a responsive team and always on hand to discuss your case, explain next steps and discuss strategy for resolution.
Why choose our Oxford Will Dispute Solicitors?
- Transparent funding options – you will be given clear costs information, and, in appropriate cases, we will look at alternative funding options such as a “no win no fee” or deferred fee arrangement, insurance, or third-party funding.
- Expert Lawyers – Our expert lawyers have proven track record of achieving successful outcomes for clients in a variety of cases including high value, complex cases. As a full-service firm, we can draw on support from our impressive private client, tax, agricultural and commercial teams and we often deal with farming estates and family businesses.
- Alternative Dispute Resolution - We encourage the use of alternative dispute resolution and can represent you at mediation. Court proceedings are very much a last resort.
- Leading lawyers – Our team is ranked as one of the best probate disputes teams in both Legal 500 and Chambers & Partners in the Thames Valley/South East. A number of our team are members of ACTAPS (Association of Contentious Trust and Probate Specialists) and hold qualifications with the STEP (Society of Trust and Estate Practitioners).
Key contact
Sarah Foster
Oxford Office Managing Partner & Joint Head of Private Client Services
Oxford Probate Dispute Law Firm
Submit an enquiry below
FAQs
Under the Inheritance (Provision for Family & Dependants) Act 1975 certain categories of people may be able to bring a claim against an estate where a will or distribution under the intestacy rules does not make ‘reasonable financial provision’ for them. You may qualify as an applicant if you are:
- a spouse or civil partner of the deceased;
- a former spouse or former civil partner who has not remarried / entered into a new civil partnership;
- the deceased’s child or treated by the deceased as their child (e.g. a step child);
- anyone who was living with the deceased as husband and wife (or civil partner) for the two years immediately prior to the deceased’s death; or
- anyone who was financially dependent on the deceased immediately before the deceased’s death.
The court will consider a number of factors (including your own finances and the size of the deceased’s estate) to determine whether the will or intestacy rules make ‘reasonable financial provision’ for you. The court has the power to make what it deems to be an appropriate award if necessary and this be either a lump sum payment or other interest.
Most contentious trust and probate disputes are settled out of court via alternative methods of dispute resolution, such as mediation or negotiation. However, if you are unable to settle your case and there is a trial, we will guide and support you through the process.
Court proceedings can be expensive but Freeths will work with you from the outset to keep costs down. If you are involved in active proceedings, we will advise you on the various funding options available and we will always consider whether we can assist you on a conditional fee arrangement (more commonly known as “no win, no fee” agreement) – each case is assessed on its own facts and merits.
Examples of contentious trusts and probate cases in Oxford
- Successfully resisted a £2 million+ unusual mutual wills case, where it was alleged that because of that mutual will, our client held his late wife’s estate on trust for the claimant (a non-family member). Complex company and estate issues arose, given (i) our client’s 100% shareholding in estate companies and the claimant’s position as director in them; and (ii) the fact that our client and the claimant were joint executors of the late wife’s will. A settlement was reached prior to trial whereby a small % of the £2 million was paid, including costs.
- Acting for the claimant in contested Court of Protection proceedings, seeking the removal of attorneys. Following P’s death, the claim turned into a contested estate dispute worth £++M. Following extensive negotiations, that claim was settled without proceedings, allowing the estate then to be administered without further costs being incurred.
- Acting for trustees (trust land valued at about £1.2 million) in connection with an application to the court for determination of (i) the validity of the trust deed and (ii) the correct beneficiaries of the trust.
- Acted for the daughter in a disputed multi-jurisdictional estate. The deceased (born in Italy) had lived in England for over 40 years. His wife alleged that he had adopted England as his domicile of choice and made an Inheritance Act claim against his £1.5 million estate. We obtained witness evidence to show that he had not lost his domicile of origin. The claim was settled favourably at mediation.
- Acting for an administrator in a complex claim for an account on the footing of wilful default against former administrators. The events complained of spanned a period of over 30 years.
- Acting for a discretionary beneficiary in a will trust where the entire estate was left on discretionary trusts and our client was one of five discretionary beneficiaries, together with his four children. The estate was worth over £3.5m. Our client had been maintained by the deceased during lifetime and in the absence of a payment from the discretionary trust had a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. The matter was settled at a WP meeting. We acted on a CFA.
- A drafting error in a professionally drawn will resulted in the residuary estate passing to unintended intestacy beneficiaries. In the absence of the agreement of the unintended intestacy beneficiaries to rectify the will a claim for rectification was issued. The costs of the successful rectification claim were subsequently recovered from the will drafter’s insurers.
- Acted for three executors where the estate administration could not be concluded due to a dispute with the fourth executor. A claim was issued seeking the court’s determination as to the construction of the home made manuscript Will and the incorporation of a letter of wishes. Following a three day trial before Judge Russen QC judgment was handed down in April 2018 and can be read at http://www.bailii.org/ew/cases/EWHC/Ch/2018/730.html
Testimonials
“Thank you for all the support you have given us in this difficult, complicated and interesting case, you have explained all the jargon in easy to...
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“Sarah is praised by sources for having ‘shown good judgment on what the issues were and how things were going’, is ‘a fine and measured litigator’...
Chambers & Partners
“It only remains for us to thank you for the considerable support you have given us in the last year… Without access to the high quality advice you...
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