Private Lives - “I didn’t know you did that… ” - contentious probate


02 June 2020

When a dispute arises in relation to a Will or the administration of an estate, disagreements can quickly escalate especially when family relationships are involved. Fortunately Birketts specialist contentious trust and probate lawyers can help.

For many reasons loved ones and dependants can find themselves excluded either partly or completely from the deceased’s Will leaving them facing financial hardship and wondering if there is anything they can do. The team regularly advise spouses, partners, dependants, children and executors in relation to the pursuit or defence of a claim under The Inheritance (Provision for Family and Dependants) Act 1975. The Act allows family and dependants to make a claim for reasonable financial provision from the deceased’s estate.

That’s not all the contentious probate and trust team can help you with. They also advise on:

  • will disputes arising from allegations of undue influence, lack of testamentary
  • capacity, invalid procedure or fraud
  • executors’ responsibilities
  • negligently drafted wills
  • personal liability of trustees
  • applications for the substitution and removal of personal representatives
  • contested powers of attorney
  • applications to the Court for directions, accounts and inquiries.

Led by Partner, Bernadette Baker, the team is ranked tier 1 by Legal 500 and is highly regarded for their expertise. Bernadette is recognised as a “leading light” and recommended and named in the elite ‘Leading Lawyers’ list of lawyers nationwide by Legal 500 [UK 2020]. Bernadette is also recommended by Chambers High Net Worth [UK 2019] which notes that she is “really easy to work with and a good litigator” and a respected barrister says “she offers an absolutely first-class service”.

This article is from the spring 2020 issue of Private Lives, our newsletter covering the key legal and tax issues that individuals face. To download the latest issue, please visit the newsletter section of our website. 

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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at June 2020.