The Wilkes Partnership is one of a few firms outside London with a dedicated specialist contentious probate team.

We are experienced in dealing with all types of contentious matters relating to wills, estates and trusts, including:-

• Wills being contested on grounds of lack of formality, lack of testamentary capacity, or in cases where the testator lacked knowledge and approval of what he or she signed.
• Wills being contested where there is an allegation of fraud or undue influence.
• Circumstances where there are several wills and it is unclear which the latest is.
• Claims for provision out of an estate where a financial dependent or spouse of the deceased is not left money in a will.
• Acting to enforce a promise made by the deceased which was not contained in the will and on which a person relied.
• Unprofessional or improper conduct of executors or trustees.
• Applications for the removal and/or substitution of executors or trustees.
• Claims against professional advisors.
• Breach of Trust claims.
• Trusts and Charity disputes.
• Negligently drafted wills.

Mark Abrol, who leads the team, is a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS). Mark Terrar, who assists, is currently studying to obtain this qualification.

Although this is a complex and specialist area of law our team is able to advise you in clear terms with minimal jargon. We appreciate that the dispute may be emotionally involved for you and we are therefore committed to resolving your matter as quickly and as cost effectively as possible. We find that by tackling issues head on a significant proportion of cases can be settled without needing to involve the Courts. In our experience, it is very rare for a dispute to proceed to a final Court hearing.

In conjunction with acting for you in relation to any contentious matters the firm's Private Client department is able to assist you with any matters arising out of the administration of an estate, as well as advising on tax planning issues.

Examples of cases that we have been instructed on

• Challenging the validity of a will where there was an allegation that the signature was a forgery
• Acting for beneficiaries in circumstances where a professional executor has been misappropriating funds from the estate.
• Acting for individuals who were financially dependent on a deceased relative but who have been left no financial provision in the will.
• Investigating the circumstances in which a will came into existence, which appears irrational. For example, when a will unexpectedly leaves a large proportion of the estate to a charity or the deceased may not have understood the will.

Contacts:
Mark Abrol
Direct line: 0121 710 5832
Email: mabrol@wilkes.co.uk

Mark Terrar
Direct line: 0121 710 5927
Email: mterrar@wilkes.co.uk