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).
Oxford Probate Dispute Law Firm
Submit an enquiry below
Meet the team!
Sarah Foster
Oxford Office Managing Partner & Joint Head of Private Client Services
- Successfully defending a Will challenge brought by a claimant against his defendant clients. The claim would have meant the defendants’ losing their home, but we successfully secured the transfer of the property over to our clients through High Court litigation.
- Advising a farmer in relation to various disputes arising from the death of his father, including proprietary estoppel claims, partnership disputes and disputes regarding the beneficial ownership of assets.
- Defending a testamentary capacity challenge to the final Will of a prominent Midlands businessman who left an estate valued at £6.5-million. The case was widely reported.
- Advising the trustees of a trust managing assets valued in excess of £50-million regarding claims by the underlying beneficiaries that had led to deadlock and the removal of the previous trustees.
- Acting for the executors of an estate in relation to a blessing application to sell a piece of development land for £19-million.
- Acting 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.
- Advising a beneficiary of a £1.2 million estate on the construction of the terms of a will whose entitlement is unclear from the wording of the will and representing that beneficiary in pre-action negotiations.
- 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 independent administrator of the England & Wales estate of a notable US businesswoman valued at above £20-million. The estate has a multi-jurisdictional structure with offshore elements. It includes UK and offshore company shares, high-value London real estate and valuable personal possessions including artwork and specialist fashion items. There is an underlying will validity challenge and we are
FAQs
Contesting the validity of a Will
Claims under the Inheritance (Provision for Family & Dependants) Act 1975
Trust disputes
Burial and funeral disputes
Court of Protection disputes and applications
Estate disputes
Professional negligence claims relating to wills, trust and estate advice
Disputed lifetime transactions / misappropriation of funds
Co-ownership disputes
Independent Administrator
Will I have to go to court and how much will it cost?
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...
Client testimonial
“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...
Client testimonial
The ‘dynamic' team at Freeths LLP consists of a 'splendid cast of superb lawyers’, who demonstrate broad knowledge spanning will validity, family t...
The Legal 500
Sally Goodger was always available to explain progress and correctly predicted outcomes at various stages in a long-standing case with many involve...
Client testimonial
Freeth’s took a matter forward that previous solicitors had failed to grasp. Their reassurance was essential in maintaining my hope.
Client testimonial
Sally Goodger: Efficient concise advice, excellent knowledge and understanding of relevant law
Client testimonial
An overall superb team, led by the outstanding Sarah Foster, who is assisted by the very able Sally Goodger
Client testimonial
Freeths is an extremely strong presence in the market: it is large enough to have all the expertise and resources which a dispute of this nature mi...
Client testimonial
Sarah Foster is a delight to work with. She gives clear and sound advice in a straightforward and unfussy way. She is vastly experienced and leads...
Client testimonial
A dynamic team with a splendid cast of superb lawyers.
Client testimonial
Contact us today
Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.
Get in touch
For general enquiries, please complete this form and we will direct your message to the most appropriate person.