Private Wealth Disputes

Osbornes Law is a London law firm with decades of experience resolving complex private wealth disputes for high net worth individuals and families. Our private client disputes team, recognised in the Legal 500, handles inheritance disputes, trust litigation, contested wills and Court of Protection matters across London and the UK.

When wealth that should provide security becomes a source of family conflict, you need more than legal advice. You need solicitors who understand both the financial complexity and the emotional difficulty of disputes involving trusts, estates and inheritance. Most of our cases settle through mediation or negotiation, but when court proceedings are necessary, we’re formidable litigators with a strong track record in the High Court.

Private wealth disputes are rarely straightforward. A contested will may involve international assets. A trust dispute may trigger tax consequences. An inheritance claim may intersect with divorce proceedings. At Osbornes Law, you benefit from coordinated expertise across our private client, family, property and tax teams—ensuring every aspect of your dispute is covered without duplicating costs or creating conflicting advice.

Types of private wealth disputes we handle

Trust disputes

Trusts are meant to protect assets and provide for beneficiaries, but disputes arise when trustees fail in their duties, beneficiaries disagree over distributions, or the trust itself is challenged.

We act for trustees, beneficiaries and settlors in disputes involving:

• Trustee misconduct or breach of fiduciary duty
• Beneficiary disputes over trust distributions and entitlement
• Trust validity challenges (undue influence, lack of capacity, fraud)
• Trustee removal and replacement applications
• Trust variation and appointment disputes
• Offshore trust disputes in Jersey, Guernsey, BVI and the Cayman Islands
• Trust accounts and disclosure disputes

Many trust disputes involve substantial wealth held in complex offshore structures. We work with leading offshore counsel to coordinate strategy across multiple jurisdictions, whether the trust is governed by English law or foreign law.

If you’re a trustee facing criticism from beneficiaries, we can advise on your duties and defend you against unfounded allegations. If you’re a beneficiary who believes a trustee has acted improperly—failing to distribute funds, making poor investment decisions, or acting in their own interests rather than yours—we can pursue claims for breach of duty and apply to court for the trustee’s removal.

For those looking to set up trusts to protect family wealth, we can also advise on proper trust structures to avoid future disputes.

Related service: Trust disputes

Inheritance and estate disputes

Inheritance disputes often arise when a will doesn’t reflect what family members expected, or when there’s no will at all. These disputes can be deeply painful—grief and family conflict happening simultaneously.

We handle all types of inheritance dispute, including:

• Challenging the validity of a will (fraud, undue influence, lack of testamentary capacity)
• Inheritance Act claims under the 1975 Act for reasonable financial provision
• Executor misconduct and removal applications
• Estate administration disputes between beneficiaries and executors
• Intestacy disputes when someone dies without a will
• Claims involving missing wills or allegations that a will was destroyed
• Cross-border succession issues for international estates

If you’ve been left out of a will, treated unfairly, or you’re concerned that your parent or spouse was pressured into changing their will, we can assess whether you have grounds for a claim. Many inheritance disputes are resolved through negotiation or mediation, but we’re experienced High Court litigators when settlement isn’t possible.

If you’re an executor struggling with hostile beneficiaries or complex estate administration, we can guide you through your duties and defend you against unfounded claims.

Related services: Contesting a will | Inheritance Act claims | Contentious probate

Family wealth and business succession disputes

When family businesses are involved in estates or trusts, disputes become more complex. Trading beneficiaries and non-trading beneficiaries often have conflicting interests. Valuation disputes arise. Control of the business becomes contested.

We advise on:

• Family business ownership disputes after a death
• Shareholder disputes in family companies
• Partnership dissolution following the death of a partner
• Succession planning disputes when arrangements break down
• Disputes between beneficiaries who work in the business and those who don’t
• Valuation disputes over business interests and shares

These disputes require commercial awareness as well as private client expertise. We work closely with our property and commercial teams when estates involve trading businesses, investment portfolios or substantial London property holdings.

Court of Protection and capacity disputes

Disputes involving vulnerable adults require sensitive handling and specialist knowledge of the Court of Protection.

We handle:

• Financial abuse of vulnerable adults by family members or carers
• Deputyship disputes and applications to remove a deputy
• Lasting Power of Attorney disputes and challenges
• Applications for statutory wills on behalf of people who lack capacity
• Capacity assessments and challenges to decisions made by someone alleged to lack capacity

If you’re concerned that a vulnerable family member is being financially exploited, or if you’re a deputy or attorney facing unfounded allegations, we can advise on the right course of action and represent you in Court of Protection proceedings.

Related services: Court of Protection | Lasting Power of Attorney disagreements

International and offshore wealth disputes

London attracts high net worth families from across the world. Many of our clients have assets in multiple countries, offshore trusts, or complex cross-border succession issues.

We advise on:

• Multi-jurisdictional estates with assets in several countries
• Offshore trust disputes in BVI, Jersey, Guernsey and other jurisdictions
• Forced heirship conflicts under the EU Succession Regulation
• Non-domicile and domicile disputes affecting UK inheritance
• Repatriation of assets to the UK
• Conflict of laws issues in international estates

We have an established network of international lawyers and offshore counsel. When your dispute involves assets outside England and Wales, we coordinate strategy across all relevant jurisdictions to protect your interests.

Related services: International probate | International estate planning

Professional negligence in wealth management

Sometimes the dispute isn’t with family—it’s with the professional advisers who made mistakes in planning or administering your wealth.

We bring claims for:

• Solicitor negligence in will drafting or estate planning
• Trustee negligence causing investment losses or breach of duty
• Financial adviser negligence involving unsuitable advice or conflicts of interest
• Executor negligence in estate administration

If poor professional advice has cost you or your family financially, we can assess whether you have a claim and pursue it on your behalf.

How we resolve private wealth disputes

Most private wealth disputes settle without going to court. Litigation is expensive, slow and creates a public record—none of which serves families well when the dispute involves wealth, grief and family relationships.

Our approach prioritises resolution through negotiation, mediation and arbitration. But when those methods fail, we’re experienced High Court litigators who will fight your case.

Initial case assessment

We offer a free initial consultation to understand your situation and assess your options. In that meeting, we’ll:

• Review the key documents (wills, trust deeds, correspondence)
• Explain your legal position and the strength of your case
• Outline the available strategies and likely outcomes
• Give you a transparent cost estimate for the work ahead

There’s no obligation. The consultation gives you the information you need to decide whether to proceed.

Negotiation and settlement discussions

In most cases, we start by attempting to negotiate a settlement directly with the other side. This might involve:

• Without prejudice correspondence setting out your position
• Settlement conferences and round-table meetings
• Informal discussions between solicitors
• Proposals for how assets could be divided or issues resolved

Negotiation typically takes three to six months. It’s the quickest and least expensive route to resolution, and it keeps the matter private.

Mediation

If direct negotiation doesn’t work, mediation is usually the next step. A neutral mediator helps the parties reach an agreement.

Mediation has an 80% success rate in private wealth disputes. It’s far cheaper than going to court, takes one to two months to arrange, and the outcome remains confidential.

We prepare thoroughly for mediation—drafting position statements, assembling evidence, and advising you on realistic settlement ranges. The process usually involves a one or two-day session where the mediator works with both sides to find common ground.

Arbitration

Arbitration is an alternative to court proceedings. An expert arbitrator in trust and probate law makes a binding decision on the dispute.

The advantages of arbitration are:

• Faster than court proceedings (typically six to nine months)
• Conducted in private with no public record
• The arbitrator is a specialist in this area of law
• Costs are usually lower than High Court litigation

We use arbitration when the parties want a binding decision but value privacy and speed over the formality of court.

High Court litigation

When settlement, mediation and arbitration all fail, court proceedings become necessary. We represent clients in:

• The Chancery Division (for trust and estate disputes)
• The Family Division (for Inheritance Act claims and financial provision matters)
• The Court of Protection (for capacity and deputyship disputes)

High Court litigation typically takes 12 to 18 months to reach trial, though cases can be resolved at earlier stages through court-based mediation or settlement negotiations.

We’re experienced in managing complex, high-value litigation. If your case goes to court, you’ll have a team with a strong track record in front of High Court judges.

Common scenarios in private wealth disputes

“My parent was pressured into changing their will”

You may have grounds to challenge the will if you can show:

• Your parent lacked the mental capacity to make a valid will
• They were unduly influenced by someone who benefited from the changes
• The circumstances surrounding the new will were suspicious

We gather medical evidence, interview witnesses and review the timeline of events. If the evidence supports your case, we either negotiate with the beneficiaries who gained from the invalid will or apply to court to have it set aside.

Many of these cases settle once the other side sees the strength of your evidence. Those that don’t can be successfully challenged in court if the facts support it.

“Siblings can’t agree on how to divide the estate”

This is common when a will leaves assets “equally” but the assets themselves can’t easily be split—family businesses, investment portfolios, London property worth millions.

Disputes arise over:

• How assets should be valued
• Whether one sibling should buy out the others
• Whether assets should be sold and the proceeds divided
• How to account for lifetime gifts or loans made to one sibling

Mediation works well in these cases. A neutral mediator can help siblings find an equitable solution that reflects both the legal position and the family relationships. Business valuation experts and property valuers can provide independent assessments.

The alternative—forcing a sale through court—usually leaves everyone worse off.

“The executor is mismanaging my inheritance”

Executors owe legal duties to beneficiaries. They must:

• Administer the estate promptly and efficiently
• Provide regular updates and accounts to beneficiaries
• Avoid conflicts of interest
• Invest estate assets prudently while administration is ongoing

If an executor is failing to communicate, making poor decisions, or acting in their own interests, beneficiaries can:

• Request formal accounts showing what the executor has done
• Apply to court for the executor’s removal
• Bring a claim for breach of duty and seek compensation

We often resolve these disputes by putting pressure on the executor to act properly. The threat of court proceedings usually focuses their attention. In serious cases, we apply for their removal and the appointment of an independent professional executor.

“I was left out of the will—can I make a claim?”

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can claim “reasonable financial provision” from an estate even if they were left nothing in the will.

You may be able to claim if you’re:

• A spouse or civil partner
• A former spouse who hasn’t remarried
• A child (including adult children)
• Someone who was treated as a child of the deceased
• Someone who was financially dependent on the deceased
• Someone who lived with the deceased for at least two years before their death

The court considers your financial needs, the size of the estate, the deceased’s obligations to you and to other beneficiaries, and any other relevant circumstances.

Many Inheritance Act claims settle through negotiation or mediation. The estate’s representatives often recognise that a claim has merit and agree to a settlement rather than risk the costs and uncertainty of court proceedings.

Related service: Inheritance Act claims

Why integrated expertise matters in wealth disputes

Private wealth disputes rarely exist in isolation. A contested will may trigger tax consequences. A trust dispute may involve international property. An inheritance claim may intersect with divorce proceedings.

At Osbornes Law, you benefit from coordinated expertise across multiple practice areas:

• Private client and probate: Trust litigation, will contests, estate disputes
• Family law: Inheritance disputes during divorce, financial settlements involving trusts
• Property law: Disputes over London property within estates, beneficial interest claims
• Tax advice: Inheritance tax planning and IHT implications of settlements
• Court of Protection: Capacity issues, financial abuse of vulnerable adults

Unlike firms where departments work in silos, our teams collaborate seamlessly. This means every angle of your wealth dispute is covered without duplicating costs or creating conflicting advice.

Protecting your privacy in wealth disputes

We understand that high net worth families value discretion. Most private wealth disputes settle confidentially through mediation or arbitration—avoiding the public scrutiny of court proceedings.

When litigation becomes necessary, we work to protect your reputation and family privacy at every stage:

• Confidential mediation and settlement discussions
• Private arbitration options (no public record)
• Discrete handling of sensitive family matters
• Coordination with reputation advisers when disputes attract media attention
• Strategic use of offshore structures to preserve confidentiality where appropriate

Your family’s wealth—and reputation—are safe with us.

London’s unique private wealth landscape

London is one of the wealthiest cities in the world. Estates here are different from estates elsewhere in the UK.

The challenges we see regularly include:

• High-value London property: Family homes in central London worth £5 million to £20 million or more, creating disputes over who inherits the property or whether it should be sold
• International families: London attracts global HNW families, creating cross-border succession issues, domicile disputes and forced heirship conflicts
• Non-domicile complexities: Disputes involving non-domiciled individuals and offshore wealth structures, requiring specialist tax and private client advice
• Sophisticated wealth structures: Family investment companies, offshore trusts, London property held through corporate structures

We’re based in London, we know the London property market, and we’re familiar with the Family Division of the High Court and the Chancery Division where these cases are heard.

When you need specialist advice on a high-value London estate or an international family wealth dispute, local expertise matters.

Why private wealth disputes arise—and how to prevent them

Understanding why disputes happen can help you avoid them. Common causes include:

• Unclear or ambiguous will drafting
• Blended families and second marriages creating competing claims
• Unequal treatment of beneficiaries perceived as unfair
• Lack of communication about estate plans
• Offshore trusts without clear governance
• Executor inexperience or conflicts of interest
• Changes in family circumstances not reflected in estate plans
• Vulnerable benefactors influenced by carers or family members

Prevention is better than cure

The best way to avoid a private wealth dispute is through proper planning:

• Making a will with specialist solicitors who understand your family dynamics
• Clear communication with family about your intentions
• Regular will and trust reviews as circumstances change
• Letters of wishes explaining your decisions
• Professional trustees for complex estates
• Capacity assessments when updating wills in older age
• Comprehensive estate planning that addresses tax, succession and family issues

Our wealth planning team can help you structure your affairs to minimise the risk of future disputes while protecting your wealth for the next generation.

Why choose Osbornes Law for private wealth disputes?

We’ve spent decades helping high net worth families resolve complex disputes over trusts, estates and inheritance. Our private client disputes team is recognised in the Legal 500 and combines deep technical expertise with a practical, commercial approach.

What sets us apart:

• Specialist expertise in HNW disputes: Extensive experience with multi-million pound estates, complex trust structures and international wealth holdings
• London-focused practice: We know London property values, UK domicile rules and the courts where these disputes are heard
• Dispute resolution first: Most of our cases settle through mediation or negotiation, saving you time, money and stress
• Formidable litigators when needed: A strong track record in the High Court and Court of Appeal when settlement isn’t possible
• Empathetic approach: We understand these disputes involve family relationships, not just money
• Transparent billing: Clear fee structures, fixed-fee consultations and flexible funding options
• Multi-disciplinary coordination: Access to our family, property and tax teams for fully integrated advice

We don’t just give you legal advice. We guide you through one of the most difficult situations a family can face, and we work to achieve the best possible outcome for you—whether that’s through settlement or, when necessary, through the courts.

Speak to our private wealth disputes team

If you’re facing a dispute over an inheritance, trust or estate, don’t delay. The sooner you get specialist advice, the stronger your position.

Call us on 020 7485 8811 or fill in the contact form below to arrange a free initial consultation. We’ll assess your situation, explain your options, and give you a clear view of the way forward.

Your family’s wealth is worth protecting—and so are your rights.

Frequently asked questions

How long do private wealth disputes take to resolve?

It depends on the route you take:

• Negotiated settlements typically take three to six months
• Mediation usually takes four to eight months from instruction to resolution
• High Court litigation takes 12 to 24 months to reach trial

Most disputes (around 80%) settle before trial, which significantly reduces both time and costs.

Can I challenge a will if I was disinherited?

Possibly. You may be able to bring an Inheritance Act claim if you’re a spouse, child, dependent or cohabitant who lived with the deceased for at least two years. The court considers whether the will makes “reasonable financial provision” for you given your needs and the size of the estate. We assess eligibility and the strength of your claim in a free initial consultation.

What happens if the executor won’t communicate with me?

Beneficiaries have a legal right to information about the estate. If an executor refuses to communicate or provide accounts, we can issue formal requests, apply to court for the executor to file accounts, or in serious cases seek their removal and replacement. The threat of court action usually prompts executors to meet their obligations.

Do I need a specialist for offshore trust disputes?

Yes. Offshore trusts involve complex international law, jurisdictional issues and foreign court procedures. We work with leading offshore counsel in Jersey, Guernsey, BVI and other jurisdictions to coordinate strategy and ensure your interests are protected across all relevant legal systems.

Will my dispute become public?

Court proceedings are generally public, but most wealth disputes settle privately through negotiation, mediation or arbitration—all of which preserve confidentiality. If you’re concerned about privacy, we can advise on strategies to minimise disclosure and keep the matter out of the public record.

How much does it cost to contest a will in London?

Costs depend on the complexity of your case:

• Settling without court proceedings: £5,000 to £25,000
• Mediation: £10,000 to £30,000
• Full High Court trial: £50,000 to £250,000 or more

We offer fixed-fee initial consultations and detailed cost estimates. In many cases, legal costs can be paid from the estate rather than from your own funds.

What’s the difference between contentious probate and private wealth disputes?

Contentious probate typically refers to disputes over wills and estate administration. Private wealth disputes is a broader term covering trust disputes, Inheritance Act claims, Court of Protection matters and family business succession disputes—reflecting the complexity and scale of high net worth family wealth. Read more about contentious probate.

Can disputes over family businesses be mediated?

Yes. Mediation often works well for family business disputes because it allows for creative solutions that a court can’t order—such as phased buyouts, ongoing consulting roles, or restructuring ownership. Business valuation experts can provide independent assessments to help the parties reach agreement.

What should I do if I think a trustee is acting improperly?

First, request formal accounts showing what the trustee has done with trust assets. If you’re not satisfied, seek legal advice. We can review the trustee’s actions, advise whether there’s been a breach of duty, and if necessary bring a claim or apply for the trustee’s removal. Early action often prevents further losses.

How do I know if someone lacked capacity to make a will?

Testamentary capacity requires that the person understood what a will is, knew the extent of their assets, understood who might have a claim on their estate, and wasn’t suffering from a mental disorder affecting their judgment. Medical evidence from the time the will was made is crucial. We work with medical experts to assess capacity in disputed cases.