David Rosen & Co

Probate & Trust Litigation

Services include:

  • Caveats lodged or challenged at the Probate Registry, including issuing Warnings, and entering appearances.
  • Contesting a will under the Wills Act 1837, applying the tests in Banks v Goodfellow [1869-70] and Vaughan v Vaughan [2005] on a number of grounds including: Validity, forgery, fraudulent wills, lack of capacity, lack of knowledge, undue influence, coercion, rectification.
  • Contentious Probate: interpretation of terms of a will, mismanagement by an executor of the estate, disagreements between beneficiaries.
  • Professional negligence arising against the will writer.
  • Bringing or defending:
    • an Inheritance Act claim.
    • a claim under Inheritance (Provision for Family and Dependants) Act 1975.
    • claims for breach of trust.
  • Establishing secret trusts.
  • Trusts of Land and Appointment of Trustees Act 1996

Be aware of time limitations, most claims of which must be brought within 6 months from the date of granting of probate, or else they are time-barred.

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