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Trust & Estate Disputes

Our Trust and Estate Disputes Department consists of experienced Litigation and Private Client lawyers who bring together a wide range of skills and experience to achieve practical solutions in the best interests of our clients.

The department takes a cost-effective and pragmatic approach whilst providing expert advice on a wide range of Contentious Probate and Court of Protection matters. We act for executors, beneficiaries, trustees, and administrators in bringing and defending claims.

We Can Advise On:

  • Even if a Will has been made you may still be eligible to make a claim on the Estate if you feel you have not been given a reasonable financial provision, under the terms of the Inheritance Act 1975.

    Understandably this can be a fraught area where emotions run high, however our sensitive and understanding team has achieved success for many claimants over the last 45 years.


  • In some cases Wills can be challenged in the courts on the basis of their validity. For example did the Testator (the person making the Will) sign it and have it witnessed by two independent witnesses. In other cases claims may be bought if it is thought the testator did not have sufficient mental capability, or if they did not know and approve of the contents of the Will.

    This is another sensitive area where the robust but thoughtful approach of the specialist Mercers team pays dividends.


  • A Trust Dispute is any dispute relating to the administration of a trust, whether it is a dispute over the terms of the trust, a dispute between beneficiaries or problems with trustees.

    Beneficiaries and trustees each have rights and in certain circumstances can bring claims. In all situations it is vital to obtain the right advice from Mercers accomplished Trusts and Estates team.


  • Though normally straightforward disputes can arise within the administration of a dead person’s estate. These can be between executors and beneficiaries, amongst the beneficiaries or even amongst the executors.

    These disputes cause delay and distress while significant costs can be incurred, therefore seeking the best advice from our Trusts and Estates team is vital in order to resolve the dispute as quickly and as cost effectively as possible.


  • Disputes sometimes happen relating to an LPA. These normally occur when there’s a disagreement over whether the donor had the mental capacity to complete the LPA, or when there is a disagreement about the way an attorney is dealing with the Estate.

    Our experienced team advises people on both sides of these disputes.   Sometimes we are needed to represent client in the Court of Protection but in many cases we can solve the issues through mediation.



Team in this Department

Justine McCool

Justine McCool

Justine is an experienced member and head of the Litigation & Dispute Resolution Team.

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peter hopkins

Peter Hopkins

Peter advises individual clients or couples on a wide range of matters for Mercers Solicitors.

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shella glanfield

Shella Glanfield

Shella specialises in Private client work, and this includes advising on the following: Making Wills.

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What People Are Saying

Hear what some of our clients have to say about Mercers Solicitors...

I just want to thank you again for all your help… we couldn’t have placed ourselves in more trusting, caring hands than your good kind self. It was great we had the opportunity to meet you when we did Alex!

Mrs A from Maidenhead

We should like to place on record our appreciation of the highly professional and yet patient and stress-free manner in which Mercers have handled these matters for us.

Anon

I really do want to thank you for your patience, kindness and the meticulous way in which you tackled both me and my problem.

Mrs D from Maidenhead

Thank you for all your care and understanding in helping me … through the complexity of a will.

Mr P from Berkshire

Quality, professional firm with integrity, nice people – I had a first class experience.

Mr A S of Oxfordshire

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