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Contentious Trusts & Probate

We expertly guide and support you through disputes relating to the death of a loved one.

Probate is complicated enough at the best of times. However, if you are facing a dispute relating to the death of a loved one, it can prove extremely difficult to navigate alone, particularly during such an emotional and unsettling time. We are here when it matters most and can offer the support you need to navigate each step of the contentious probate process to achieve the right result.

We can help you by providing not only legal knowledge, but practical advice and support. We offer the support you need to maximise your chances of successfully bringing or defending a claim.

Our team, which works closely with our Litigation and Private Client groups, is made up of lawyers who have specialised in this field for many years with a highly successful track record.

If you believe a will is invalid, that you have been unfairly left out, or should be entitled to a greater proportion of a family inheritance due to your own specific circumstances or needs, we can help.

Also, we can offer you advice on a range of other issues including estate administration and executor removal disputes, entering and challenging caveats, claims arising from negligent will drafting / execution, Power of Attorney and Deputyship issues. In addition, we advise on other inheritance and trust related-disputes including those relating to funeral wishes.

We act for various individuals such as claimants, defendants and the estates claimed against. Our clients include both lay and professional individuals alike from all backgrounds in whatever capacity.

Frequently Asked Questions

  • What are the duties of an executor?

    The duties are defined by legislation and include the following:

    • Making funeral arrangements.
    • Preparing a complete list and valuation of all the testator's assets and liabilities.
    • Protecting all the assets of the Estate against theft, fire, loss and any other destruction.
    • Advertising for creditors of the Estate.
    • Paying all outstanding debts including funeral expenses, estate administration expenses and taxes, before distributing the Estate to the beneficiaries.

  • What can be done if the executor is not fulfilling their duties?

    Beneficiaries have many options available if an executor is not carrying out their responsibilities.  The appropriate route to take can depend on what the executor has done (or has not done).

    We have had experience in dealing with a wide variety of complaints against executors including executors not communicating, executors not taking any action to administer the estate, keeping estate assets (or moving into a property owned by the estate), executors acting against the interests of beneficiaries and executors failing to progress the administration in a prompt manner.

    Many disputes can be resolved by removing the executor from their role and replacing them with a more suitable person.  In other cases, the executor can be compelled to provide information to the beneficiaries of the estate which often has the effect of encouraging them to finalise and distribute an estate.

     

  • How can I remove an executor?

    The Court has a discretionary power to terminate the appointment of an executor or appoint a substitute, but it will not remove the executor lightly.  Evidence is required to show why the executor is unsuitable to continue in the role, which our Contentious Probate team can advise upon and help to gather.

  • Hand opening curtain on sunny morning
    It’s a big relief to know that the case is finalised. We very much appreciate everything you have done for us and the support you have provided over the last two years. We can't thank you enough. You've been our sounding board and have always offered reassurance when we have needed it most. We will really miss our chats as we feel you've become more of a friend than just our solicitor. Once again please accept our heartfelt thanks. We wouldn't hesitate to recommend you to any friends or family members in the future.

    T & K

    Clients

    It’s a big relief to know that the case is finalised. We very much appreciate everything you have done for us and the support you have provided over the last two years. We can't thank you enough. You've been our sounding board and have always offered reassurance when we have needed it most. We will really miss our chats as we feel you've become more of a friend than just our solicitor. Once again please accept our heartfelt thanks. We wouldn't hesitate to recommend you to any friends or family members in the future.

    T & K

    Clients

  • Bouquet of flowers on windowsill
    Brabners were recommended to me when I unexpectedly found myself executor of an estate. It had the potential to be contentious and Stephanie was on hand to help with that side of things. Alexandra and Cathryn dealt with probate and kept me updated throughout the process. All three ladies were professional but at the same time felt very approachable and friendly. I can’t recommend Brabners highly enough. They aren’t the most expensive out there but the service and support they gave me felt like they should be!

    Client

    Brabners were recommended to me when I unexpectedly found myself executor of an estate. It had the potential to be contentious and Stephanie was on hand to help with that side of things. Alexandra and Cathryn dealt with probate and kept me updated throughout the process. All three ladies were professional but at the same time felt very approachable and friendly. I can’t recommend Brabners highly enough. They aren’t the most expensive out there but the service and support they gave me felt like they should be!

    Client

  • sun rising over field of wild flowers
    Stephanie, we are glad we had you on our side. You are everything I expected a law professional to be, the difference between yourself and the other solicitors we have been in contact with is quite large. Professional, patient and big brained, we would certainly recommend you to other people.

    J.A.

    Client

    Stephanie, we are glad we had you on our side. You are everything I expected a law professional to be, the difference between yourself and the other solicitors we have been in contact with is quite large. Professional, patient and big brained, we would certainly recommend you to other people.

    J.A.

    Client

  • Close-up of a wildflower meadow
    “When I decided to contact a solicitor about an inheritance which I believed I had been cheated of by the executor (who believed he had found a legal loophole in his favour) I imagined that contesting it might be ‘throwing good money after bad’. Not so. Stephanie made it possible for me to reclaim what was rightfully mine and I was even able to have the offer increased to cover interest. The money is good to have, but it is also good to know my relative’s last wishes were, at last, respected.”

    L.M.

    “When I decided to contact a solicitor about an inheritance which I believed I had been cheated of by the executor (who believed he had found a legal loophole in his favour) I imagined that contesting it might be ‘throwing good money after bad’. Not so. Stephanie made it possible for me to reclaim what was rightfully mine and I was even able to have the offer increased to cover interest. The money is good to have, but it is also good to know my relative’s last wishes were, at last, respected.”

    L.M.

  • flowers
    "I would like to take this opportunity to personally thank you for agreeing to take on our situation, the support and guidance you have given to us and for your professionalism at all times.
    It has been a very difficult time for us, reading your emails and following your suggested route to proceed to the next steps has kept us strong and more determined, which we sincerely thank you for.
    We cannot express in words to you how much we appreciate every thing you have done."

    R.L.

    "I would like to take this opportunity to personally thank you for agreeing to take on our situation, the support and guidance you have given to us and for your professionalism at all times.
    It has been a very difficult time for us, reading your emails and following your suggested route to proceed to the next steps has kept us strong and more determined, which we sincerely thank you for.
    We cannot express in words to you how much we appreciate every thing you have done."

    R.L.

  • green meadow in morning sunlight
    Throughout this process, we have been extremely impressed by your professionalism, guidance, approachability and attention to the matter on our behalf, always with a very personal and friendly touch.

    M.W.

    Client

    Throughout this process, we have been extremely impressed by your professionalism, guidance, approachability and attention to the matter on our behalf, always with a very personal and friendly touch.

    M.W.

    Client

  • flowers
    It’s a big relief to know that the case is finalised. We very much appreciate everything you have done for us and the support you have provided over the last 2 years. We can't thank you enough. You've been our sounding board and have always offered reassurance when we have needed it most. We will really miss our chats as we feel you've become more of a friend than just our solicitor. Once again please accept our heartfelt thanks. We wouldn't hesitate to recommend you to any friends or family members in the future.

    T.M.

    Client

    It’s a big relief to know that the case is finalised. We very much appreciate everything you have done for us and the support you have provided over the last 2 years. We can't thank you enough. You've been our sounding board and have always offered reassurance when we have needed it most. We will really miss our chats as we feel you've become more of a friend than just our solicitor. Once again please accept our heartfelt thanks. We wouldn't hesitate to recommend you to any friends or family members in the future.

    T.M.

    Client

  • Woman in law
    Thank you so much for all of your help with this matter. I can finally move forward knowing this matter has been resolved in the best way and by a fantastic law firm. Once again thank you so much for all of your help you have been fantastic.

    SP

    Client

    Thank you so much for all of your help with this matter. I can finally move forward knowing this matter has been resolved in the best way and by a fantastic law firm. Once again thank you so much for all of your help you have been fantastic.

    SP

    Client

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