Disputes over wills and estates are among the most difficult legal matters people face. They often arise at an already painful time, involve family relationships as well as finances, and can feel overwhelming without the right support.
BHW Solicitors is one of the few firms in the East Midlands with the specialist qualification to handle contentious probate. Our team is led by Paul Davis, who specialises in will and inheritance disputes, having completed the Association of Contentious Trust and Probate Specialists (ACTAPS) course.
We act for beneficiaries, executors, trustees and personal representatives, and we are equally comfortable advising those bringing a claim as those defending one.
Our Areas of Expertise
Contesting a Will
A will can be challenged on grounds including lack of testamentary capacity, undue influence, fraud, or where it does not reflect the true wishes of the person who made it.
Inheritance Act Claims
Where a will, or the rules of intestacy, fail to make reasonable financial provision for a spouse, child, cohabitee or dependant, a claim may be possible. These claims have strict time limits, so early advice is critical.
Proprietary and Promissory Estoppel
Where someone has been promised an inheritance, relied on that promise, and suffered as a result, they may have a claim even where no will reflects it.
Trust Disputes
We advise on disputes involving the management or distribution of trust assets, the conduct of trustees, and the interpretation of trust documents.
Removal of Personal Representatives
Where an executor or administrator is acting improperly or in conflict with beneficiaries’ interests, we can advise on their removal or replacement.
Professional Negligence
Where errors in drafting or advising on a will or trust have caused financial loss, we handle claims against the professional responsible.
Court of Protection
We advise and represent clients in disputes concerning individuals who lack mental capacity, including challenges to lasting powers of attorney or the conduct of deputies.
Our Approach
We prioritise resolution through negotiation or mediation, minimising the disruption during challenging times. When court proceedings are necessary, we are fully prepared to represent you. Either way, our goal is to give you clear, honest advice and help you reach a resolution that is proportionate to what is at stake.
If you are considering a dispute over a will or estate, please do get in touch early. Timing can be crucial, particularly for Inheritance Act claims.
