Whether you are dealing with questions regarding the validity of a will or trust, have concerns about the fair execution of a will, addressing potential conflicts among beneficiaries, or managing the tax implications of an estate, having the right support and advice can make all the difference.
Our services
We specialise in helping our clients with the following areas of disputed wills, estates and trusts.
Contesting a will – If you suspect you have been unfairly excluded from a will, there are several steps you can take to explore your options and potentially contest the will.
Our team can help assess the validity of your claim by reviewing the will and any supporting documents, gathering evidence, and advising on the strength of your case.
Inheritance Act Claims – If feel you have not been properly provided for under the terms of a will, or if someone has died without leaving a will and you are not entitled to benefit under the intestacy rules, the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) grants the Court authority to adjust the distribution of the deceased’s estate.
If you think you have a potential claim, contact our experienced team to explore your options.
Proprietary Estoppel – Our Contentious Probate team is experienced in handling proprietary estoppel cases involving property, land and family businesses. We strive to resolve these sensitive issues with care and professionalism, ensuring that our clients rights are protected while endeavoring to maintain family relationships as far as possible.
Removal of an executor or trustee – If you believe that a personal representative or trustee has not fulfilled their legal obligations in managing an estate, or if there are concerns about delays or you suspect inappropriate conduct you, may have grounds to pursue legal action to ensure the estate is administered properly.
At Sydney Mitchell, we can provide you with guidance on how to proceed effectively, whether that involves compelling the representative to act appropriately or seeking their removal if necessary.
TOLATA claims – Buying property with family, friends, or partners has become increasingly common, and often leads to complications when co-owners face disagreements, decide to part ways. In such cases, claims under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA) may arise, where the court is called upon to settle disputes over property ownership
Our dispute resolution team specialises in navigating these sensitive and complex situations.
Why choose our Contentious Probate team?
Our team is known for for being dedicated and proactive, always committed to understanding our clients’ needs thoroughly.
Led by partner Dean Parnell, who brings over 30 years of experience in litigation experience which has proved invaluable when dealing with contentious probate matters.
Supporting Dean is solicitor Hayley Caprani-Warner. Hayley joined Sydney Mitchell in 2019 and has specialised in contentious trusts and probate during this time. She advises individuals and businesses on all aspects of contentious trusts and probate matters.
Testimonials
Extremely professional and efficient
“I got in contact with Hayley with regards to contesting a Will. Throughout what ended up becoming a long and drawn-out process she ensured I was kept well-informed at each stage and very clearly explained what the next steps would be. Extremely professional and efficient.”
It feels like a weight has been lifted
“Firstly, I would like to express the gratitude that I possess for handling my case with great care, respect, determination and kindness. You have made me feel seen, supported and provided me with insight that I will always find useful. It has been a long, difficult journey, but I have always felt safe within yourself and your team’s hands. I am so grateful to finally have closure on this matter and I truly could not have obtained that without your assistance. It feels like a weight has lifted and I can finally close this chapter. I cannot thank you enough for all of your help and guidance.”
