Private Client Disputes
We have significant experience in advising on a wide range of UK and cross-border disputes concerning estates, trusts and vulnerable clients. We also recognise that disputes can be stressful for those involved and so we always aim for an expedient conclusion, using alternative dispute resolution methods, such as mediation, wherever possible.
Our particular expertise includes:
1) Estate disputes:
- claims under the Inheritance (Provision for Family and Dependants) Act 1975;
- challenges to the validity of a Will including those relating to a lack of testamentary capacity and undue influence;
- applications for the removal of executors;
- disputes regarding the deceased’s personal possessions or the ownership of a deceased’s ashes;
- applications for the rectification of a Will and regarding the construction of the terms of a Will; and
- claims against solicitors and other professionals in connection with errors made in the administration of an estate or trust, negligent drafting, or where incorrect tax advice has been given.
2) Trust disputes:
- advising trustees and beneficiaries in relation to trust assets and the administration of the trust, such as seeking disclosure of financial or other information;
- applications for the removal of a trustee;
- applications to vary the terms of a trust; and
- proprietary estoppel and constructive trust claims.
3) Vulnerable client disputes:
- advising on and preparing a wide range of applications to the Court of Protection in respect of incapacitated individuals including: the appointment of a deputy for property and affairs; making a statutory Will or gift; and the appointment or discharge of a trustee;
- dealing with the Office of the Public Guardian in cases of suspected financial abuse by an attorney;
- advising on claims against attorneys and deputies including their removal by way of an application to the Court of Protection; and
- advising on claims relating to financial abuse by someone other than a deputy or attorney.
For further information on our services in respect of vulnerable clients, see: Protection and Planning for the vulnerable – Wedlake Bell
News
Trust Quarterly Review: ‘Exercise regime’
How the UK Privy Council’s decision in Grand View clarifies the extent of trustees’ fiduciary powers in relation to excluding or adding beneficiaries. Caroline Miller and Sarah Turner, ‘Exercise regime’,… Read more →
News
Trustees’ fiduciary powers in relation to excluding or adding beneficiaries: Caroline Miller and Sarah Turner write for STEP’s Trust Quarterly Review
Caroline Miller and Sarah Turner, ‘Exercise regime’, Trust Quarterly Review (Vol21 Iss1), pp.8-11
News
TL4 magazine: THOUGHTS ON HOW TRUSTEES AND EXECUTORS CAN DEAL WITH DISGRUNTLED BENEFICIARIES AND POSSIBLE COURT PROCEDURES AVAILABLE TO THEM
This article was originally published in ThoughtLeaders4 Private Client Magazine.
News
EPrivateClient: ‘Can’t Estop me now’ – Proprietary estoppel claims after Guest
Only weeks after the Supreme Court (SC) handed down its decision in Guest v Guest, another case of proprietary estoppel is attracting considerable press coverage. Katie Turney addresses proprietary estoppel claims… Read more →
News
Wills and Probate Monthly Update – December 2022
A round-up of legal updates for the Wills and probate industry over the past month is as follows. Tax policy – Autumn Statement and Finance Bill The Chancellor Jeremy Hunt… Read more →
News
Case comment: Bo Bruce inheritance dispute
Thomas Klemme’s article on the recent news that the Voice singer, Bo Bruce, has won her £2 million inheritance dispute, published in Today’s Wills & Probate. To read the article… Read more →
News
Managing a beneficiary: steps to take
Andrew O’Keeffe, Partner and Sarah Turner, Solicitor at Wedlake Bell talk about the steps to follow when there are concerns about how a trust is being managed. The primary fiduciary… Read more →
News
Remote witnessing: no longer a remote possibility for Wills- Today’s Wills and Probate
Head of the Private Client Disputes Team, Caroline Miller, and solicitor Katie Turney comment and discuss the Government’s recent landmark announcement that it will be introducing temporary legislation to allow Wills… Read more →
News
Covid-19: Update on court hearings and mediations
As of 20 April 2020, there were 159 open courts in England & Wales dealing with essential face-to-face hearings. Telephone and video hearings are increasingly being used for non-essential face-to-face… Read more →
News
PROTECTION, PLANNING AND DISPUTE RESOLUTION FOR THE VULNERABLE
Wedlake Bell is a central London law firm that has been servicing its clients for over 200 years. It has 61 partners and is one of the top 100 firms… Read more →
News
“Was my father ‘coerced’ into rewriting his will?” – Andrew O’Keeffe responds to a reader’s question for The FT
Andrew O’Keeffe, Head of our Private Client Team, has had his responds to a reader’s question on inheritance for The FT. On the issue of contesting a re-written Will, Andrew… Read more →
News
“Could my will be challenged by friends or relatives after my death?” – Caroline Miller explores for Advising Families
Could my will be challenged by friends or relatives after my death? Under the laws of England and Wales, an individual has complete testamentary freedom. This means that you have… Read more →
News
“Where there’s a Will, there’s a way” Partner, Andrew O’Keeffe, writes for Spear’s Magazine
Partner and Head of Private Client Team, Andrew O’Keeffe, has written a new article on the importance of planning ahead for Wills for Spear’s Magazine. The article, published on 22… Read more →
Caroline Miller now heads the team at Wedlake Bell LLP that handles a comprehensive range of high-value and complex domestic and international contentious trusts and probate disputes. It routinely advises high-net-worth individuals and families, executors, trustees and beneficiaries. Andrew O’Keeffe is a key member of the team. Ann Stanyer is highly regarded for her work on elder law and elder financial abuse matters. The team has also been appointed by the independent administrator in a number of high-value matters. Oliver Embley has been promoted to the partnership.
— Legal 500, 2022
The firm provides a very good service across the full breadth of private client litigation.
— Legal 500, 2022
This is a ‘can-do’ litigation team supported by an excellent private client department with capable and experienced litigators.
— Legal 500, 2022
A well-respected contentious trusts and probate team who are involved in many large matters this year.
— Legal 500, 2022
This is a great team in a friendly City firm, handling high-value estate litigation with aplomb.
— Legal 500, 2022
Wedlake Bell’s contentious trusts team combines a deep knowledge of the private client world with pragmatic and effective litigators.
— Legal 500, 2022
A strong cross-over between its contentious and non-contentious teams and an excellent international client base.
— Legal 500, 2022
Andrew O’Keeffe is a well-known and rightly respected litigator. Caroline Miller is brilliant. Jemma Goddard and Oliver Embley are outstanding associates who are respected by peers and loved by clients.
— Legal 500, 2021
Caroline Miller is a litigator with deep private client knowledge. The team has a range of talent across the spectrum, including Jemma Goddard who is a future star.
— Legal 500, 2021
A very strong team, especially for larger estates work and for complex trusts and tax issues. Andrew O’Keeffe is plain talking and no nonsense; he knows what he is doing and is very good at getting deals. Caroline Miller is able and expert and very good with clients.
— Legal 500, 2021
Wedlake Bell is a growing presence in this area of law, which is definitely able to take on bigger, higher-profile teams and come out on top. Andrew O’Keeffe is a strong team leader, with great strategic intelligence. Jemma Goddard is a very engaged, knowledgeable associate, keeping everyone else on their toes – she is someone you want on your side.
— Legal 500, 2021
"Wedlake Bell LLP has ‘a very strong practice’ led by Andrew O’Keeffe, who is ‘extremely experienced and a formidable opponent’. "
— Legal 500, 2017
"Also recommended is the ‘very knowledgeable’ Caroline Miller, who ‘deals with her clients well, is immaculately prepared for each case and fights hard for her clients’."
— Legal 500, 2017
"O’Keeffe specialises in contentious probate matters and has extensive experience in trust disputes, the administration of estates, and claims under the Inheritance Act 1975."
— Legal 500, 2017