Specialist Estate, Inheritance & Will Dispute Solicitors
Experienced in resolving complex & sensitive inheritance matters
Our specialist Estate, Inheritance & Will disputes team provide expert pragmatic advice in relation to all contentious issues arising from disputes over estate administration, inheritance and wills. We are well versed in the sensitive, distressing and challenging nature of these disputes and the issues that arise from succession disputes involving complex and emotional family situations.
We are experienced in advising clients on how to navigate these multifaceted issues, offering cost effective, tailored, strategic solutions to help clients achieve an early resolution either through negotiations, mediation, or the Court. We aim to get the best result for our clients to allow them to move forward and above all to protect their own position.
Main Areas Of Practice
Our specialist estate, inheritance and will disputes solicitors deal with all contentious issues that arise in connection with the making of wills and administration of estate including:
Will Challenges
We are able to advise disappointed beneficiaries, beneficiaries and Personal Representatives in relation to claims over the validity of a will whether because the deceased lacked testamentary capacity or did not know or approve the content of the Will, or that the Deceased was subject to fraud, undue influence or fraudulent calumny. As one of the leading private wealth disputes teams our specialist Will Disputes solicitors are able provide clear, pragmatic and cost effective advice to support you through each stage of the dispute.
Disputes between personal representatives and beneficiaries
There may be occasions when issues arise between personal representatives (executors or administrators) and/or between personal representatives and beneficiaries at any stage of an estate administration. Whether this relates to the conduct of the personal representative, the value of assets, the make up of the estate or the costs of the administration. Our Will Disputes solicitors are able to advise as to how such disputes might be addressed and resolved either informally or through Court application, whether you are a beneficiary or personal representative.
Applications to remove personal representatives
If disputes between personal representatives and beneficiaries cannot be resolved it may be necessary to seek to remove the Personal Representative and appoint an Independent Administrator under s. 50 of the Administration of Justice Act 1985 or s. 116 of the Senior Courts Act 1981. We are experienced in acting for and advising both beneficiaries and personal representatives in such claims and are able to assist in assessing the merits of an application and issues relating to costs and the personal representatives indemnity.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Our Will Disputes solicitors regularly advise both beneficiaries and personal representatives on claims under the Inheritance Act 1975. We specialise in advising on the eligible claimants to bring a claim, whether reasonable financial provision has been made for them by Will or intestacy to meet their reasonable financial needs and on other factors which may influence the success of the claim. We have an excellent track record in resolving such disputes at an early stage ensuring that the estates assets are not frittered away in legal costs.
Rectification / construction of Wills
In certain circumstances, the wording of a will may be unclear or a mistake has been made in the drafting of a Will. Such issues made need to be address through the intervention of the Court, to rule on the meaning of a word or phrase or by obtaining a Court order for rectification of the will. In either instance, this is a technical area requiring specialist legal advice. Our Will Disputes solicitors will be able to advise where there is ambiguity on the construction of a Will or where a will can be rectified.
Contested life time gifts
Sometimes a deceased or elderly person has made substantial gifts in their lifetime, to relatives or friends or acquaintances in questionable circumstances that require scrutiny or should be challenged by the beneficiaries or personal representatives of their estate. These may be disputed on a number of grounds, such as capacity or presumed undue influence or duress. Our Will Disputes solicitors are able to give specialist advice on challenging life time gifts especially in relation to property transactions where properties are put into joint names.
Claims for professional negligence against Will drafters and professional executors
If a beneficiary has suffered a loss as a result of negligence advice given to the testator or a negligently drafted Will, they may have a claim against the Will drafter. Our Will disputes specialists will be able to advise if you have a claim and what your potential loss may be. We are also able to challenge professional executors costs for administering the estate in circumstances where these are unreasonable and you have not been kept properly informed of the same.
Our Clients
We act for private individuals (as personal representatives/trustees and/or actual or disappointed beneficiaries), professional personal representatives, trust corporations and charities.
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