Trust and Probate Litigation
The Trust and Probate Litigation department advises on complex, large scale and often high profile disputes in England and other leading jurisdictions. The department acts for high net worth individuals, families, family offices, trustees and trust companies.
Members of the department have significant experience across a wide range of trust and probate issues. A substantial part of our work involves an international dimension and we have recently coordinated cases in the Bahamas, Bermuda, Cayman, Jersey, Guernsey, Singapore and Hong Kong.
Our trust litigation expertise covers applications by trustees for directions (or to vary the terms of trusts), challenging and defending trusts for trustees and beneficiaries and handling challenges to trusts by creditors (including former spouses) or other third parties. We also advise frequently on issues of disclosure of trust documents and confidentiality.
On the probate side, we handle UK inheritance claims, will validity disputes (including issues of testamentary capacity and undue influence), and professional negligence claims involving estate administration and portfolio mismanagement.
The department benefits from Stewarts' highly experienced Divorce and Family, Tax Litigation and Commercial Litigation departments, enabling it to offer a substantial range of litigation specific advice to private individuals, corporates and professional trustees. That advice encompasses both obtaining and setting aside injunctions (including freezing, Norwich Pharmacal, and search and seizure orders) used to secure control over assets forming the subject matter of the dispute.
We have strategic partnerships in place with law firms in all offshore and corporate jurisdictions enabling us to take a global and multi-jurisdictional approach to litigation.
In all matters we deliver practical, sensitive and cost conscious advice. We have resolved cases at all stages pre-trial through the use of mediation and other forms of alternative dispute resolution. The Firm has unrivalled experience of putting in place innovative costs arrangements, enabling clients to litigate from a position of strength and where possible, reduce the financial risks of the case.
If you require immediate assistance, please call a switchboard number above, alternatively email the Trust and Probate Litigation team providing a phone number and summary of enquiry and we'll get back to you.
Head of Department James Price has over 20 years' experience acting in a range of trust and probate disputes and is ranked in the Chambers Global, UK and High Net Worth Guides for Contentious Trusts which states: "He is extremely incisive in that he is good at picking up on what is important to his client"; and "It is his understated manner and the way he approaches cases that is fantastic. He is very pragmatic and sensible. He walks softly but carries a big stick".
He is a Leading Individual in the Legal 500 for Contentious Trusts and Probate which has described him as "a first rate litigator with an excellent grasp of what is required".
James is also on the Honours List for the Citywealth Leaders List 2016.