Wills, Trusts and Estates Disputes

Navigating family disagreements over wills or estates can be emotional and complex. We’re here to provide expert advice and support during life’s most difficult transitions.

Family disagreements over wills, trusts or estates can stir up strong emotions—especially during times of loss. Whether you’re feeling excluded, uncertain about your legal rights, or concerned about how a loved one’s wishes are being carried out, we understand how overwhelming it can feel.

At Whitehead Monckton, we specialise in resolving inheritance disputes, trust litigation, and contested wills with clarity, compassion, and legal precision. Many clients come to us worried about outdated wills, broken promises, or trustees misusing their powers. We understand how distressing these situations can be—especially when family relationships are at stake.

Our dedicated team offers expert legal advice across Kent, helping you challenge a will, remove a trustee, or protect your rightful inheritance.

Whatever your concerns about a will or estate, our team is committed to helping you find a positive and lasting outcome.

Families today are more complex. Second marriages, stepchildren, blended families, longer lifespans and larger estates all create fertile ground for disagreement. We specialise in helping you resolve these tensions fairly and effectively.

If you’re worried about how a will was written or executed, or feel you’ve been unfairly excluded, we can help.

Grounds for challenging a will include:

• Mental capacity: Was the person legally fit to make a will?
• Improper signing: Were the correct legal steps followed?
• Knowledge & approval: Did they truly understand the will’s contents?
• Undue influence or fraud: Was there manipulation or deception involved?
• Forgery: Is the will authentic?

We assess your situation thoroughly and advise whether you may have a valid claim.

Have you been left out of a will or not received what you expected?

Being excluded from a will—or receiving less than you expected—can feel deeply unfair, especially when you’ve shared life, love, or financial responsibilities with the person who’s passed away.

Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be legally entitled to bring a claim against an estate if you were:

• A spouse or civil partner
• An unmarried former spouse or civil partner
• A child or stepchild, including adults
• A cohabiting partner who has lived together for at least 2 years
• Financially dependent on the deceased at the time of death

Important: Claims should be made within six months of the date of issue of the Grant of Probate or Grant of Letters of Administration, and there are only limited circumstances where claims can be brought after this period, so it’s vital to act quickly.

When you apply for financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975, the Court considers a range of factors to decide whether to grant the request.

These include:

• Your financial situation: What resources and financial needs do you currently have —or are likely to have in the near future?
• Other applicants’ financial needs: If there are multiple applicants, the Court will assess each person’s financial circumstances.
• Beneficiaries’ financial position: The financial needs and resources of those who are already set to inherit from the estate.
• The deceased’s obligations: Any responsibilities the deceased had toward the applicant(s) or other beneficiaries before passing.
• Size and nature of the estate: The overall value and makeup of the estate being distributed.
• Health and well-being: Any physical or mental disabilities affecting the applicant or beneficiaries.
• Other relevant factors: This may include the conduct of the applicant or others involved, or any other circumstances the Court deems important.

If you’re unsure where you stand, we’re here to help. At Whitehead Monckton, our experienced inheritance dispute solicitors offer sensitive, confidential advice to help you explore your options and protect what’s fair.

A will that doesn’t reflect someone’s true intentions can lead to distress and confusion. If you’re facing mistakes in a will (unclear wording or clerical errors), there are legal ways to set things right:

• Rectification: Corrects mistakes like typos or misdescribed assets.
• Interpretation: Clarifies vague or confusing wording through the courts.

Concerned about how the will’s been written? Let our team at Whitehead Monckton review it and help protect your inheritance.

Not all gifts or promises are written down—some are made during heartfelt conversations near the end of life. If you’ve relied on one of these assurances, there may be legal ways to protect your interests and handle pre-death promises and gifts:

• Deathbed Gift Claims: A gift made on the condition that the giver passes away can sometimes be legally upheld, even without written proof.
• Proprietary Estoppel: If you’ve acted to your detriment (such as spending money, making commitments, or changing your life) based on a promise, the courts may intervene to uphold that expectation.

These claims can be complex, but our experienced solicitors at Whitehead Monckton are here to guide you through the process and help ensure fairness.

Executors are trusted to manage an estate responsibly and fairly—but things don’t always go to plan. If you’re worried that mistakes or delays are affecting your loved one’s estate, you’re not alone.

We can step in to help if:

• There’s an unnecessary delay or mismanagement
• Executors conflict with each other, affecting progress
• Assets go missing, are sold below value, or are improperly distributed
• Debts and liabilities aren’t paid correctly

If an executor breaches their duties, they may be removed or held personally responsible for any losses. Whether you’re an executor under pressure or a beneficiary feeling sidelined, our team at Whitehead Monckton can provide discreet, expert advice on executor disputes.

Trustees have a legal duty to manage trusts with care, transparency and integrity—but when that duty is broken, it can leave beneficiaries feeling powerless or let down.

We often help clients facing issues such as:

• Mismanagement of the trust or poor record-keeping
• Assets being misused, lost or sold inappropriately
• Fraudulent or negligent behaviour
• Trustees who lack capacity or refuse to act
• Concerns about sham trusts being used to hide ownership

If a trustee fails in their role, they may be removed or even held personally liable for the harm caused. If you’re a beneficiary feeling ignored, or a co-trustee facing conflict, our team at Whitehead Monckton is here to listen and act.

Whether you’re grieving and unsure of your legal rights or facing a complex family dispute, our specialist solicitors are here for you. We’ll guide you through every step with empathy, clarity, and dedicated expertise.