Wills, Inheritance and Trust Disputes
When a loved one passes away it can be a distressing time for all the family. It can become even more so where there is a dispute about the Will (or lack of Will), Probate, Inheritance or a Trust.
We understand how difficult it can be when the terms of the Will are not as expected, or there are disagreements between those inheriting (or someone that has been left out) and those in charge of administering the estate or looking after the various assets.
Drawing on expertise from across the firm, we aim to resolve issues as smoothly and efficiently as possible, by providing you with sound legal advice to help achieve the best resolution.
We can assist on all aspects of Will, Inheritance and Trust Disputes including:
- Inheritance disputes;
- Challenges to the validity of a Will or Codicil: including lack of mental capacity or fragility, want of knowledge and approval, failure to comply with appropriate legal formalities when the Will was signed, undue influence or coercion or duress, fraud or forgery;
- Halting the process of somebody else acting on a disputed Will (such as by entering or removing a Cavaet with the Probate Registry);
- Inheritance (Provision for Family and Dependants) Act 1975 claims: helping people claim the financial provision they need if they have been left out of a Will or not left as much as they need;
- Executor/Trustee disputes: solving many different types of disputes between Executors or Trustees and Beneficiaries;
- Removal and replacement of Executors and Trustees;
- A Beneficiary’s right to information;
- Promissory Estoppel claims: helping people recover assets which were promised to them by the deceased;
- The Will is missing, has been destroyed, or has been revoked;
- Rectification claims: handling clerical and other errors in Wills;
- Applications to Court concerning the meaning and effect of clauses in a Will;
- Claims against negligent advisors on behalf of disappointed beneficiaries or arising out of negligent advice, drafting, mistakes or delays regarding Trusts, Wills and Estates.
These types of disputes are often complicated and time sensitive, so getting early legal advice can really help you to get the best possible outcome.
We act for personal, professional and lay Executors, individuals disputing or defending a Will, Charities, Trustees, Beneficiaries and Creditors.
Our team can advise you on the merit of your case by giving you an honest assessment of whether your claim has a reasonable chance of success and support you in the pursuit of that claim.
We will also advise you what taking legal action might cost you overall (and discuss the funding options available to you) as well as how long it’s likely to take.
We aim to resolve matters by negotiation, Mediation or other methods of Alternative Dispute Resolution where appropriate and possible. However, when court proceedings cannot be avoided, we ensure that they are conducted professionally, skilfully and as cost effectively as possible.
Whether you are making or defending a dispute against a Will or Estate or Trust, our experienced and approachable team of expert Solicitors can help.
Some further detailed information about the circumstances in which can be challenged can be found by clicking here.