Trusts and Probate Disputes

At TheJudge, we are regularly engaged to secure ATE Insurance to support a client’s pursuit or defence of a probate claim. Examples of the types of case in respect of which we regularly receive instructions include:

• Challenges regarding validity of wills, including testamentary capacity claims

• Challenges over the validity of lifetime gifts and other transactions

• Claims regarding maladministration of estates, including removal of personal representatives

• Claims against trustees, such as breach of trust claims where the trustee has failed to distribute trust property to the correct persons, for example

• Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Upon receipt of new instructions, TheJudge will approach the leading litigation insurers (and Third Party Funders, if appropriate) to obtain competitive quotations on the client’s behalf.

It is highly likely that regardless of the size of the indemnity, any [ATE Insurance] premium will be deferred and contingent upon success. This means that the client has no premium to pay upfront and no premium to pay at all if the case is unsuccessful. If the case is successful, and is subject to English law, the premium should also be a recoverable cost from the opponent in the litigation. Accordingly, in most instances, the premium ought not to cost the client anything, win or lose.

If you have a specific case you would like to discuss, please contact us.

If you are ready to make an application please download an application form here.