Executor or Trustee Disputes

If you believe that the executor of a will, or a trustee, has breached their duty of care, or you are concerned about an error they have made, we can support you. 

Whether you’re a family member, spouse, friend, or otherwise beneficiary, our team of expert solicitors are available to provide professional legal advice and guidance regarding your dispute to ensure a favourable outcome.

Our dedicated team of Will Dispute solicitors will treat your case with the highest respect and care whilst providing you with practical support, whenever you should need it. Our aim is to make the process of resolving a trustee or executor dispute as simple and stress-free for you as possible, as we know that can be a difficult time for those involved. 

If you are looking for advice from professional, conscientious solicitors with years of experience in their field, speak with our dedicated Will Disputes team today. Contact us on 0345 872 6666, or complete our online enquiry form and we’ll give you a call back to discuss your matter.

How JMW Can Help

JMW’s team of specialist Will Dispute solicitors has provided years of extensive advice and assistance to a wide range of clients when assisting with trustee or executor disputes. Our solicitors will only provide accurate advice and information, and have an excellent track record when it comes to achieving the outcome our clients deserve.

We will work with you in a logical and pragmatic way to deal with your case as effectively as possible. By gathering together the information you have, we’ll be able to create a worthy case to make a claim against executors or trustees, and help deliver your expectations. The solicitor assigned to your case will work closely with the wider will disputes team to highlight where the duty of care has been breached and challenge this on your behalf.

Alongside the solicitor assigned to your case, you’ll receive additional support from a trainee or paralegal who can assist you with step by step updates regarding your claim throughout the entire process. We’ll ensure that your trustee or executor dispute claim is treated with the utmost care and sensitivity.

Our Accreditations

Our team of professional will dispute solicitors have received accreditation awards from multiple organisations including:

• The Legal 500 - Who said that JMW are a “great team. Good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable.”
• Chambers and Partners High Net Worth Guide - JMW’s wills disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”. 
• The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to this association requires solicitors firms to meet certain criteria based on their performance in this line of work.
• Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.
• Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation. 

What Common Breaches of Care Are There?

If a trustee or executor has breached their duty of care when dealing with a will or a trust, you as a beneficiary could be entitled to make a claim. Breaches of duty of care include:

• Failure to administer an estate in accordance with the terms of a will or intestacy rules
• Failure to act in accordance with a trust deed or letter of wishes
• Failure to administer a trust correctly
• Giving assets to the wrong person
• Causing a loss to an estate or trust
• Breakdown in the relationship between representatives of estate or trustees 
• Concealing of assets and dishonesty 
• Selling property at an undervalue
• Wasting of assets 

How Much Does This Service Cost?

The cost of making a claim can vary. This will depend on a number of factors including the depth of the investigation, and the time taken to produce the outcome you need. Providing you with the correct solicitor to handle your case will depend on the nature of your issue and how complex it is to resolve. The cost will also depend on whether the issue will need to be taken to court.

We will work with you to produce a suitable arrangement regarding funding the claim, including the use of conditional and deferred fees where possible. Here we can set up a monthly payment plan and provide a clear breakdown of your costs so that you know exactly what you are paying for. We understand that making a claim can be an expensive process, so we will determine the most suitable option and offer additional cost-related advice.

What are the Potential Outcomes?

Depending on the facts of your case, we may be able to remove the executor or trustee. If they have caused a loss to the estate or trust, we would also seek that those losses are recovered from the executor or trustee in breach of their duty. Speak with our solicitors and discuss your case today.