Probate and Trust Litigation involves disputes relating to wills, trusts, and estates, including contested wills, breach of fiduciary duty, and disputes over the administration of trusts.
Probate and trust litigation in the UK involves legal disputes relating to wills, trusts, and estates. When a person dies, their estate is distributed according to their will or, if they did not have a will, according to the rules of intestacy. In some cases, however, disputes can arise over the validity of a will, the interpretation of its terms, or the conduct of the executor or trustee responsible for administering the estate.
Probate litigation can involve challenges to the validity of a will, such as claims that the deceased lacked the mental capacity to make a will or that the will was executed under undue influence. It can also involve disputes over the administration of an estate, such as claims that the executor or trustee breached their fiduciary duty, misappropriated assets, or failed to distribute the estate in accordance with the terms of the will or trust.
Trust litigation can involve disputes over the interpretation of trust documents, claims that a trustee breached their fiduciary duty, or disputes over the distribution of trust assets. In some cases, beneficiaries may seek to remove a trustee or seek court intervention to ensure that the trust is being administered properly.
Probate and trust litigation can be complex and emotionally charged, as family members and beneficiaries may have competing interests and deep-seated disagreements. Litigation lawyers in this area must have a strong understanding of estate law and probate procedure, as well as the ability to navigate complex family dynamics and resolve disputes through negotiation or litigation in court.