Trust, Inheritance Act Claims and Probate Disputes
Sensitive and structured advice on contentious trusts and estates, balancing legal and personal considerations.
We advise individuals, families, executors and trustees on disputes arising from trusts, estates and inheritance matters. These disputes often involve complex personal, financial and family issues, requiring both strategic advice and sensitive handling.
Services
- Inheritance (Provision for Family and Dependants) Act 1975 claims
- Disputes concerning the validity of wills
- Probate and estate administration disputes
- Trust disputes and trustee claims
- Executor and personal representative disputes
- Claims involving undue influence, lack of capacity and fraud
- Beneficiary disputes
- Settlement negotiations, mediation and litigation
Approach
- We recognise the personal nature of these disputes.
- We provide clear guidance on legal position and options.
- We seek to resolve disputes efficiently where possible.
- Advice is provided in a measured and accessible way.
Representative Matters
- Acted for a beneficiary in securing appointment as administrator of an estate and undertaking a forensic review of estate assets and prior transactions. Brought claims to recover business premises forfeited during a period in which the deceased lacked capacity and advanced breach of fiduciary duty and dishonest assistance claims, achieving resolution by negotiated settlement.
- Advised executors in the defence of court proceedings brought by beneficiaries alleging breach of fiduciary duty in relation to multiple family estates, resolving the dispute by negotiated settlement.
- Advised an executor in a complex probate dispute involving partnership assets and agricultural property valued in excess of £1 million, achieving resolution at mediation without issuing proceedings.
- Acted for a widow and adult child in a claim under the Inheritance (Provision for Family and Dependants) Act 1975, achieving resolution at mediation following commencement of proceedings.
- Advised trustees of a national company on their duties and potential exposure in the context of competing beneficiary claims exceeding £500,000, including analysis of indemnity and coverage under a directors’ and officers’ liability policy.
- Acted as an independent adviser assisting both parties in a complex estate dispute between executors and beneficiaries, supporting resolution through arbitration.
- Advised executors on securing possession of estate property where a former occupier refused to vacate pending payment, serving appropriate statutory notices and achieving possession without issuing court proceedings.
What clients value about working with us
David provides a hands on professional service a very reasonable cost.
Mike Rudd, FOTAS Limited
I am most impressed with Kate, she kept us informed in every step of the way and she certainly took the stress out of buying and selling a house. Thank you again Kate and team.
Martin Stevenson,
I have been using Saima and Cotterhill Hitchman for all my conveyancing for nearly 10 years. Their service is fast, friendly, efficient and extremely professional. I would fully recommend their services every time.
Matt Rowlands, Property Investor and Landlord
This practice has acted for my companies and me personally for nearly 20 years. Following the incorporation they have dealt with company matters, acquisitions, property purchases and advised extensively on contractual arrangements, culminating in a multi-million pound merger with an American group. Not only are they good lawyers but they have an abundance of commonsense and practicality. I have no hesitation in recommending them.
Andy Young, DSI Group
Expectations were exceeded, with a full hands on approach. Cotterhill Hitchman were always there to assist and be present at any meetings. Adequate support was definitely there for the school, knowing they had the same contact throughout, who was always on hand to contact and react quickly. To finalise the conversion a concise file was provided to all the relevant people which included a really useful summary of the legals. Cotterhill Hitchman were very approachable and always had direct contact with Saima. They were extremely professional at all stages of conversion. We are more than happy to share our excellent experiences with Cotterhill Hitchman, with other schools, as their legal support assisted to ensure smooth conversion.
Claire Snow, DRB Management
I have been using Saima and Cotterhill Hitchman for a number of years and they have provided me with clear and helpful guidance on a wide range of issues, including residential conveyancing, commercial property and Wills. Matters are always dealt with in an efficient and timely manner and I have continuously found them to be friendly and approachable. I would have no hesitation in recommending their services to others.
David Fitzgerald, Property Investor
Used Cotterhill Hitchman for my Dad's affairs. After a negative experience with another firm they were a delight to deal with. Manjinder and Kavita understood what we needed and were responsive and respectful throughout. All work was completed to a high standard and delivered quickly. Great firm.
Helen Wallace,
David has helped us, in many occasions, when we needed fundamental help on legal aspects for the business. I consistently get clear, no nonsense approach / solutions from David. I can highly recommend his services.
Paul Barenton, UBI Systems Limited
We were recommended to Cotterhill Hitchman by a good friend for a house purchase. Things were slightly more complex as we were leaving the UK to travel and needed to set up a Power of Attorney to act on our behalf. It was really important that we had a firm we could trust and call upon when needed as we were the other side of the world. The service from Aimee and Kate has been first class and I would highly recommend them to anyone needing a local firm that will go the extra mile.
Andrew Pettingill,
We chose this firm of solicitors as they came highly recommended. Having concluded our current activities with Cotterhill Hitchman, they did not disappoint. The Intestacy matter and related complications made this a very stressful time. With the expert help of David, Brinder, Saima, Satnaam and Manjinder, we were able to leave the matter in very capable hands. We were regularly kept up to date by telephone, email communication and where necessary in-person meetings. Delivering an extremely professional and efficient service, the entire Cotterhill Hitchman team performed flawlessly throughout and I would have absolutely no hesitation in recommending their services.
Krzysztof Feurtado,
I found the advice given by Cotterhill Hitchman/Saima to be clear, reliable and extremely helpful at all times. Cotterhill Hitchman exceeded all my expectations and I would have no hesitation in recommending them to any school Business Manager. It was so reassuring to know that expert advice and support was only a phone call away. I was impressed not only with Saima's professionalism and attention to detail but with her friendly and approachable nature.
Paul Slack, Twickenham Primary School
Excellent solicitors highly recommended.
Sandra Roche,
Very highly recommended! Saima and her team are on the ball.
Mohammed Hussain,
I have had the pleasure of dealing with David for a number of years and have always found him to offer an exemplary service. I would have no hesitation in recommending David.
Grant Cumbley,
David is a well-informed and reliable solicitor who has to date delivered everything that he has promised.
Brinton Helliwell,
We have used Cotterhill Hitchman several times in the past couple of years for property related issues from conveyancing to negotiating leases and putting licensed in place and have always found them to be helpful and approachable and advice is always proved to be sound. In particular they gave clear guidance and helped us through the issue of negotiating a retail lease which we had never done before and certainly protected us from problems in the future. You will always use them in the future would not hesitate to recommend them to others.
Jane and Tom Dwyer,