dispute resolution »
trust, probate and will disputes
Disputes regarding family and inherited wealth are becoming more and more common. Complicated family structures, where people are having second or even third families, cross-border estates that span two or more jurisdictions and generally more valuable estates all tend to give rise to circumstances in which there is more scope for probate and will disputes (otherwise known as contentious probate).
Whether you are contesting a will, have a grievance about the administration of an estate or trust of which you are a beneficiary, or are dealing with any other contentious issue in relation to a trust or someones estate, our specialist trust and estate disputes team is able to assist in resolving your dispute.
We also have expertise in dealing with disputes regarding cross-border estates (where the deceased held assets in different countries) in collaboration with the estate planning and trusts team as well as our specialist French team.
We have a wealth of experience in dealing with capacity cases, including disputes in relation to Lasting Powers of Attorney (LPAs) and Enduring Powers of Attorney (EPAs) and applications to the Court of Protection.
More specifically we can advise on:
- Will and Legacy Disputes
- Family Provision claims (proceedings under the Inheritance (Provision for Family & Dependants) Act 1975)
- Disputes in relation to trusts and family arrangements
- Disputes about Administration of trusts and estates including claims against executors or trustees
- Professional negligence claims
- Court of Protection issues
- Uncontested applications
Why we are different
We understand that these disputes are personal to our clients and that there is often more at stake
than just financial interests. Family dynamics are just as important in understanding how best to resolve a dispute. We always try to resolve matters through negotiation or mediation, but will vigorously pursue your matter to trial if this proves necessary.
Russell-Cooke offers a "complete service" in that we work closely with specialist colleagues dealing with probate and wills, the administration of estates, the law relating to the elderly and to incapacity, capital taxation; and if required, our corporate and commercial, family, and French departments.
Our team consists of full and associate members of the Association of Contentious Trust and Probate Specialists (ACTAPS) as well as the Society of Trust and Estate Practitioners (STEP). We have experience of High Court, County Court and Court of Protection matters.
Richard Frimston sits on the Law Society International Issues Committee, and since 2003 has been the representative of the Law Society of England & Wales to the European Committee of the Union Internationale du Notariat (UIN). He is also a member of the Council of Bars and Law Societies of Europe (CCBE) Family and Succession Law Committee.
The team regularly publishes articles with Private Client Business (Sweet & Maxwell), STEP Journal, Taxation, New Law Journal, Solicitors Journal, Probate Section Journal, Title Research Newsletter and the ACTAPS Newsletter