Court of Protection Disputes Solicitors
Specialist court of protection solicitors for complex and sensitive contentious matters
When disputes arise over the care, welfare, or financial affairs of someone who lacks mental capacity, the emotional and legal complexities can escalate quickly. These matters often involve family members or close friends with conflicting views, significant financial implications, and a vulnerable person at the centre. Our experienced Court of Protection solicitors provide trusted, empathetic guidance in these sensitive situations.
Contested deputyship and Court of Protection disputes
The Court of Protection handles a wide range of disputes – from contested Deputyship and Lasting Power of Attorney issues to concerns about someone’s living arrangements, healthcare decisions, or the misuse of finances. We advise clients who are applying to the court, defending an application, or acting in the best interests of a loved one. Whether you’re facing a contested deputyship, challenging a statutory will, or raising concerns about capacity, we offer clear, strategic legal advice.
We regularly support clients in cases involving:
- Disputed statutory wills
- Applications to remove or replace an Attorney or Deputy
- Challenges to decisions made under a Lasting Power of Attorney or Deputyship order
- Allegations of undue influence, coercion, or financial abuse
- Mental capacity law issues and safeguarding concerns
Resolving Court of Protection disputes with care
These matters are deeply personal as well as legal. Our Court of Protection solicitors act swiftly and sensitively to minimise distress and resolve disputes—through court proceedings or negotiated settlements. Above all, we focus on protecting the vulnerable individual and achieving the right legal outcome.
Wherever you are on your journey, our legal advisors can help. Call us today on 0330 024 0333 or complete our contact form.Our Court of Protection Disputes team
John Tunnard
Partner & Head of Bristol
Suzanne Leggott
Partner & Head of Private Wealth
Jonathan Stork
Partner
Alistair Spencer
Legal Director
Anna Morris
Associate
Tamsin Walker
Associate
Clare Hopkins
Consultant Solicitor
Meg Edwards
Solicitor
Andrew Wilkinson
Head of Trusts and Estates Disputes
Eleanor White
Contentious Probate Assistant
How our Court of Protection Disputes experts can help
Contesting a will
Contesting a will involves challenging its validity for instance it may not have been correctly witnessed or signed or the person who made the Will may not have had testamentary capacity to do so. Our expert probate solicitors represent beneficiaries and executors in complex will disputes. We provide trusted guidance for contesting a will and resolving probate and trust conflicts effectively.
Court of Protection
Our Court of Protection services provide expert guidance for individuals lacking mental capacity. We assist with deputyship applications, managing financial affairs, and making best-interest decisions. With compassion and legal precision, we help families protect vulnerable loved ones while ensuring compliance with the Mental Capacity Act and safeguarding their rights.
Independent advisors
Our independent advisors and trustees service offers impartial, professional support in managing trusts and estates. We act with integrity and transparency, ensuring compliance, resolving conflicts, and protecting beneficiaries’ interests. Whether appointed by the court as an Independent Administrator/Trustee or by agreement, we provide trusted oversight and expert guidance in complex or sensitive situations.
Why choose Shakespeare Martineau?
- Specialised expertise - Our team of dedicated trust dispute solicitors includes members of ACTAPS and STEP, reflecting our in-depth knowledge of trust disputes, contentious probate, and inheritance law. We offer practical legal guidance informed by years of experience resolving even the most complex trust litigation matters.
- Comprehensive legal support - We provide end-to-end legal assistance in all areas of trust and probate disputes, including trustee misconduct, beneficiary disputes, and challenges to the validity of trusts. Our cross-disciplinary approach ensures every angle is covered, delivering tailored solutions to meet your specific needs.
- Clear advice and transparent costs - From your initial free consultation to the conclusion of your case, we keep you fully informed about progress, strategy, and potential costs. We offer clear, jargon-free advice and explore all available funding options to make our services accessible and affordable.
Court of Protection Disputes frequently asked questions
The Court of Protection makes decisions on financial or welfare matters for people who lack the mental capacity to make those decisions themselves. This includes appointing deputies or resolving disputes involving Lasting Powers of Attorney (LPA), statutory wills, and safeguarding concerns.
Disputes typically arise when family members, friends, or professionals disagree about decisions concerning a vulnerable person’s finances, health, or living arrangements. These cases often involve contested deputyship or LPA matters, or concerns about undue influence or financial abuse.
Yes. If you believe an Attorney or Deputy is acting improperly, or not in the best interests of the person they represent, you can apply to the Court of Protection to have them investigated, restricted, or removed.
A statutory will is made on behalf of someone who lacks the capacity to make a will themselves. Disputes may arise if the proposed will is contested by family members or others. We regularly act in applications for, or challenges to, statutory wills.
Even if a person has legal capacity, there may still be cause for concern if they are subject to undue influence or at risk of financial exploitation. In such cases, action can be taken under the High Court’s inherent jurisdiction to safeguard them.
If you believe someone is at risk of harm, we can advise on urgent steps including emergency court applications, freezing orders, or involving the relevant safeguarding authorities.
While some matters do require a court hearing, many disputes are resolved through negotiation or alternative dispute resolution. Our priority is always to reach the right outcome with minimal distress.
We understand the urgency these situations often require. Our team can act swiftly in emergencies – including applying for injunctions or court orders to protect a vulnerable person or their assets.
Given the legal and emotional complexity of these matters, professional advice is strongly recommended. Our specialist team can help you navigate the process effectively, protect your interests, and prioritise the wellbeing of the vulnerable person.
What our clients say about us
How the Court of Protection Disputes process works
Not everyone is aware of how the process of engaging Court of Protection Disputes solicitors works, so we’ve provided an overview below to give you some peace of mind
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The first stage is to get in touch with us using the button below – you will then be assigned to one of our Court of Protection Disputes specialists. Alternatively, you can reach us on 0330 024 0333.
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You’ll then receive a free 15-minute consultation within 24 hours via Zoom or telephone to discuss the issues you’re facing.
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You are then provided with a transparent breakdown of our costs and, if you would like to proceed, we send you a pack of onboarding documents
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Following this, we will guide and support you through the process of achieving a resolution that works for you and your family.
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
Need to talk to someone sooner? You can call use at the number below
Call Us: 0330 024 0333
Featured Trusts and Estates Dispute services
Inheritance and Trusts Disputes
If you feel that a family member’s wishes have not been fulfilled, or you haven’t received what is rightfully yours, our specialist team can help you resolve your dispute, whether that is through mediation or negotiation, or court proceedings.
Inheritance Act 1975 Claims
If you’ve been left out of a will or received less than you need for your future, our specialist inheritance solicitors can help you bring a claim under the Inheritance Act 1975. We provide clear, compassionate guidance to secure fair financial provision and protect your rights with care and expertise.
Contesting a Will
If you believe a loved one’s will is unfair, invalid, or the result of undue influence, our specialist contentious probate solicitors can help you understand your rights and options. We provide clear, practical guidance to resolve inheritance and trust disputes, protecting your interests with care, professionalism, and expertise.
Court of Protection Disputes
If you’re involved in a dispute about a loved one’s care, finances, or mental capacity, our specialist Court of Protection solicitors can guide you with clarity and compassion — helping to resolve sensitive issues such as contested deputyships, statutory wills, or financial abuse while protecting the vulnerable person’s best interests.
