Dedicated specialist Will Dispute Solicitors
experienced in resolving sensitive inheritance matters
Our Will dispute solicitors provide pragmatic advice in what is all too often a distressing and challenging scenario with a view to achieving an early resolution either through negotiation, mediation or through Court proceedings.
Our specialist Inheritance and Dispute solicitors advise upon contentious issues arising in relation to Will disputes, entitlement under the intestacy rules (or perhaps an earlier Will) and disputed claims for provision from an estate.
Main Areas Of Practice
Our inheritance and Will dispute solicitors deal with contentious aspects which arise in connection with the deceased's estate, including:
Challenges to a Will
If you consider that a Will may be invalid because the deceased lacked testamentary capacity or that a Will may be invalid because of undue influence, our Will Disputes solicitors are able to explain the steps you might take to investigate your concerns and we will then provide specialist advice as to whether there are arguable grounds to pursue a challenge.
Disputes between personal representatives and beneficiaries
There may be occasions when the personal representatives and beneficiaries disagree as to aspects of the administration of an estate. Our Will Disputes solicitors are able to advise as to how such disputes might be addressed and resolved either informally or through Court application.
Applications to remove and/or replace personal representatives
This may be appropriate when there is an allegation that the personal representatives have failed to act in accordance with their duties.
Claims for professional negligence arising out of drafting errors in Wills
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.
Rectification of Wills
In certain circumstances, a mistake in the drafting of a Will can be addressed by obtaining a Court order for rectification. This is a technical area requiring specialist legal advice from a Will Disputes solicitor.
Construction of Wills
The wording of the Will may be unclear, requiring Court intervention to rule on the meaning of a word or phrase. Our Will Disputes solicitors will be able to advise where there is ambiguity on the construction of a Will.
This often involves gifts by Will to a charity which may be disputed on a number of grounds including uncertainty as to the exact identity of the charity which the testator wanted to benefit. Our Will Disputes solicitors work alongside our specialist charities team to reach a resolution.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Our Will Disputes solicitors advise as to whether eligible claimants may have grounds for arguing that the provision made for them by Will or intestacy might be challenged on the grounds it is insufficient for their needs.
We act for private individuals (as personal representatives/trustees and/or actual or disappointed beneficiaries), professional personal representatives, trust corporations and charities.
Acting for the professional executors and trustees of a complex multi-jurisdictional contentious dispute, involving issues of domicile, tracing assets, obtaining freezing injunctions and Sharia law.
Advising the executors/trustees of a residuary discretionary Will trust as to the exercise of their discretion in the face of an Inheritance Act claim by a disabled beneficiary. This involved specialist tax advice and addressing a disputed interpretation of a letter of wishes.
Advising executor beneficiaries in a family dispute as to where the deceased's ashes should be scattered.
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