Your Life

Probate & Trust Dispute Resolution

Arguments between relatives and family members over a person’s will can be painful and deeply divisive. We follow the guidance and code of conduct set by the Association of Contentious Trust and Probate Specialists (ACTAPS).

Areas in which our contentious trust and probate team have particular experience and expertise include arguments over a person’s entitlement to be a beneficiary under a will, where there are questions over the deceased’s testamentary capacity or where undue influence may have been exercised over them, as well as where there are questions as to the construction, interpretation or validity of a will (including advising in respect of ‘Mutual Wills’ claims).

We also act in claims over the administration of an estate, including where necessary making applications to the Court to pass over or remove Executors and deal with disputes relating to a Power of Attorney.

We are regularly instructed to act for members of the family or dependants of someone who has died where either no or inadequate provision was made for them, which can result in a claim being issued for a share of the deceased’s Estate under the Inheritance (Provision for Family and Dependants) Act 1975. We also handle issues concerning insolvent estates.

Our contentious trust and probate team also advises in situations where there has been negligent drafting of a will and has experience of pursuing claims against solicitors on behalf of disappointed beneficiaries.

Our Experts

Andrea Cox

Andrea Cox

Senior Solicitor

Andrea works in the Wills, Probate and Trusts department, based in our Midhurst office. Andrea is a solicitor specialising in Wills, Lasting Powers of Attorney and the administration of estates. Andrea has a vast amount…

Ben Holden

Ben Holden

Partner

, Head of Department

Ben is a Partner and Head of Wills, Probate & Trusts Department. Ben advises on wills, probate, trusts, Lasting Powers of Attorney, Court of Protection, Inheritance Tax and elderly client matters. Ben graduated from Royal…

Dan Drummond

Dan Drummond

Solicitor

Dan is a Solicitor in the firm’s Wills, Probate and Trust Department. Dan assists clients with all aspects of private client work, including the drafting of Wills, the administration of estates, and the preparation of…

Diane Zaltzman

Diane Zaltzman

Solicitor

Diane is a Solicitor in the Wills, Probate and Trust department. Diane assists with all aspects of private client work, including drafting Wills, administration of estates and Lasting Powers of Attorney. Graduated from University of…

James Sawers

James Sawers

Consultant Solicitor

James is a Consultant Solicitor working with the Wills, Probate and Trusts Department. James advises on Inheritance Tax planning, Lasting Powers of Attorney and applications to the Court of Protection. James grew up in the…

Kate Shires

Kate Shires

Senior Solicitor

Kate is an Senior Solicitor in the Wills, Probate and Trusts Department at our Petersfield office. Kate specialises in wills, probate and trusts. Before joining MacDonald Oates Kate was a Partner at Potter Owtram &…

Robert Sawers

Robert Sawers

Senior Solicitor

Robert is a Senior Solicitor working with our Wills, Probate & Trusts Department from our Petersfield office. Robert is a specialist in wills, probate and trust law. He also has considerable experience of dealing with…

Roger Brown-Hovelt

Roger Brown-Hovelt

Consultant Solicitor

Roger is a Consultant Solicitor in the Wills, Probate and Trusts Department. Roger is a specialist in wills, probate and estate administration, Lasting Powers of Attorney, and he also has extensive experience of all types…