Private Wealth Disputes

Private wealth disputes legal services

• Trust disputes

  Trusts can be a valuable means of tax planning and protecting assets – but sometimes, concerns and disagreements can arise about their nature or the role that individuals have undertaken. Our trust dispute lawyers have expertise in challenges to trustee decision making and breach of trust, and removal of executors and trustees.

• Contesting or challenging a will

  Every UK adult should make a will. They form an essential part of any effective estate planning strategy. Unfortunately, it is quite common for wills to be prepared which fail to meet the legal requirements, or which make insufficient provision for those who may be dependent on the testator. In those circumstances there may be legal grounds to contest or challenge the will. Our private wealth disputes lawyers can advise on the prospects of a successful challenge throughout the UK, and, if appropriate we can pursue or defend a claim.

• Complaints about executors/personal representatives

  Executors and personal representatives owe duties to the estate and to the beneficiaries. In particular, they are under duties to act in the best interests of the estate and the beneficiaries and not to let their own, personal, interests come into conflict with those duties. Where an executor fails in their duties and a beneficiary suffers a loss as a consequence, the executor can be personally liable to pay damages (compensation) for that loss. Our team regularly advises beneficiaries on their potential claims and executors as to how to avoid claims from being made and defending them if they are.

• Proprietary estoppel claims: 'one day this will all be yours'

  In England & Wales, in some circumstances the terms of a valid will can be overridden by a 'proprietary estoppel' claim. To succeed the claimant must show that a promise was made that the claimant would inherit a certain asset, and that they relied on that promise in good faith to their financial detriment. Despite the archaic name, these claims are increasingly common in the modern world especially for farming families, landowners and family businesses. The classic case is the child of a farmer who gives up a business career to work on the farm for a low wage, in the expectation they will inherit. Our English qualified lawyers have considerable experience acting in such cases.

• Disputes over jointly owned assets

  Disputes over jointly held assets are becoming more common due to the increasing number of blended families and children from different relationships. Common issues include: what proportions is each owner entitled to; access to information relating to the asset; in the case of land, issues over access; valuation disputes; and differing claims over the contributions made and expenditure incurred by each party. We can assist by acting for the executors or trustees in defending such claims, resolving executor/ trustee deadlock scenarios, or advising asset owners of their entitlement.

• Lifetime gifts and promises

  Lifetime transfers are often subject to challenge post-death. Executors are required to investigate and report on certain lifetime transfers made by the deceased. There may be disputes over the nature of the transfer and whether this was intended to be a loan, an advance to be offset against a beneficiary's legacy on death, or an outright gift. Disputes about mental capacity and undue influence are also common. Our private wealth disputes lawyers regularly act for executors or beneficiaries to resolve such claims.

• Personal tax disputes

  The tax affairs of high net worth individuals, trusts and executries / probates can be complex. This can lead to differences in opinion between clients and HMRC over the correct tax to pay. Our private wealth disputes lawyers are expert in navigating and resolving disputes with HMRC and can advise on prospects and tactics to secure the best financial outcome. In cases where mistakes have been made, we can also consider the possibility of 'unwinding' the transaction which has caused an unwanted tax bill, alongside whether there is any claim against those responsible for the error.