Expert guidance through Wills and Estate disputes.

Disagreements can arise even in the best planned estates. Whether it is a contested Will, concerns about executor conduct, or a dispute between beneficiaries, these matters can quickly become personal, emotional and legally complex.

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Our Expertise

At BCR, our specialist Wills and Estates team works closely with our respected Dispute Resolution lawyers to handle probate and private client disputes. Our focus is always to resolve issues fairly and constructively, avoiding unnecessary conflict while ensuring that our clients’ rights are protected.

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Our Approach

We prioritise resolution over escalation. While we are always prepared to litigate if needed, we explore alternative dispute resolution methods wherever possible, including negotiation, mediation and without-prejudice discussions.

Our clients value our ability to:

• Assess the merits of a dispute early.
• Set out realistic legal positions.
• Communicate sensitively with all parties.
• Protect family and business relationships where possible.
• Act decisively when litigation is necessary.

We are able to assist with a range of issues including:

Will validity challenges: Disputes as to whether a Will is legally valid can arise due to:

• Alleged lack of testamentary capacity.
• Claims of undue influence or coercion.
• Suspicion of fraud or forgery.
• Non-compliance with the formal legal requirements for execution.
  

These disputes often require medical records, handwriting evidence and witness statements and they must be handled with care to avoid fueling family tensions.

Inheritance and Succession Claims: Under Jersey law, certain relations may have rights of succession in the absence of a Will or where the Will fails to account for them. We advise on claims by:

• Spouses and civil partners.
• Children (including from previous relationships).
• Individuals financially dependent on the deceased.

Executor or Trustee Disputes: Concerns may arise about how an executor or trustee is performing their duties. Allegations can include:

• Delays in administering the estate.
• Failing to account to beneficiaries.
• Conflict of interest or self-dealing.
• Breach of fiduciary duty..

We advise both those bringing complaints and those defending their actions, aiming to find practical resolutions or pursue court intervention where needed.

• Disputes Over Lifetime Gifts: Where a deceased’s property has been gifted away during their lifetime, an order can be brought to bring such gifts back into an estate for fair distribution. ‍
• Beneficiary Disputes and Estate Distribution: Beneficiaries may disagree about how an estate is being distributed, whether due to the interpretation of the Will, valuation of assets or perceived unfairness. In some cases, beneficiaries may also wish to vary the terms of a Will through court-approved variation agreements.‍
• Applications to lift caveats.

Cross-Border Disputes

Where estates involve assets or beneficiaries outside Jersey, additional complexity arises. We assist with:

• UK and foreign probate litigation impacting Jersey assets.
• Recognition of foreign judgments and court orders.
• Multi-jurisdictional disputes between executors or beneficiaries.
• Coordination with lawyers in other jurisdictions.

Our team regularly acts for international clients with interests in Jersey and understands the importance of clear, timely communication across borders and time zones.

Our Values in Action

Excellence: We uphold the highest standards of legal reasoning and case preparation.

‍Delivery: We drive matters forward with discipline and urgency.

‍Respect: For our clients’ relationships, legacies and emotions.

‍Elegance: In our handling of difficult conversations, correspondence and representation.

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Why BCR Law

When estate disputes become emotional and complex, we provided clear and compassionate expert guidance to encourage the constructive resolution of matters.

Our dedicated team combines specialist Wills and Estates knowledge with robust dispute resolution experience to protect your interests and resolve matters constructively.

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