Inheritance dispute services offered by our specialist contentious probate solicitors.
Inheritance Act claims — claims for “reasonable financial provision”
We advise advise eligible applicants on making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 where “reasonable financial provision”. has not been made for them.
Eligible claimant categories include spouses/civil partners, children, cohabitees, and financial dependants. We will assess any potential claim and consider the factors which a court will take into consideration, such as the applicant’s needs, age, health, and the size of the estate.
We also assist executors and beneficiaries who wish to defend an Inheritance Act claim.
Challenging the validity of a will (“invalid will” claims)
We represent people who want to contest an invalid will, and those who need to defend a will challenge. The main grounds for disputing validity, include:
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Lack of testamentary capacity (where the will-maker wasn’t of “sound mind” in the legal sense when they made their will),
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Undue influence (where coercion or inappropriate pressure has been placed on the will-maker),
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Failure to comply with the legal formalities of making a valid will (such as signing and witnessing requirements),
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Lack of knowledge and approval (where the will-maker didn’t truly understand or approve what they signed), and
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Fraud and forgery (including allegations such as fraudulent calumny).
We will advise you on the “front-end” investigative steps we can take to establish (or defend) an invalid will case, such as obtaining the will-drafting file from the solicitor (or will-writer) who prepared it, and requesting a Larke v Nugus statement setting out the circumstances in which the will came about.
Executor disputes and estate administration conflicts
We are experienced in dealing with a variety of executor disputes and estate administration conflicts, advising:
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Executors who need guidance on their legal duties, risk management, and dealing with disgruntled beneficiaries, and
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Beneficiaries who believe executors are mishandling the administration of an estate or not being transparent about finances.
We offer a range of solutions, such as applying for removal or substitution of an executor, and obtaining an ‘inventory and account’.
Proprietary estoppel and beneficial interest claims
Proprietary estoppel claims arise where someone has been promised they will be given an interest in a property or business but that promise is subsequently reneged upon. Where a proprietary estoppel claim is successful the court can give the claimant a beneficial interest in the property, award them a lump sum, allow them to occupy the property rent free, or simply a transfer the freehold title of the property to them.
We can assist claimants to make an estoppel claim where:
- a promise has been made,
- the promise has been relied upon and, in doing so, the claimant has acted to their detriment, suffering substantial loss; and
- it would be ‘unconscionable’ for the party who gave the promise to be allowed to go back on their promise.
We are also experienced in dealing with constructive trust and other beneficial interest disputes.
TOLATA claims made under the Trusts of Land and Appointment of Trustees Act 1996
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) regulates disputes about property ownership and the rights of people with an interest in land. These disputes frequently involve properties that are owned or occupied by multiple parties, such as cohabiting couples, extended families, and business partners.
The Act gives the courts wide-ranging powers to determine property ownership, or the right to occupy property. Courts can also order the sale of property.
Disputes involving charities
We are experienced in dealing with disputes over charitable legacies, representing charities and individual beneficiaries.
Seeking an ‘Inventory and account’
Where there is a dispute about the true value of an estate, or it is alleged that there are discrepancies in the estate accounts, a beneficiary can apply to the court for an order requiring an executor to provide an ‘inventory and account’.
Disputes involving powers of attorney (especially LPA issues)
We advise on disputed powers of attorney, particularly Lasting Powers of Attorney (LPAs). This includes cases where a power of attorney has been signed in inappropriate circumstances (for example under duress) or where someone wishes to challenge the appointment or an attorney. We can also assist with disputes concerning specific actions that an attorney has taken, such as where an attorney has gifted themselves money..Where appropriate we can apply to the Court of Protection on your behalf to request a review of what an attorney has done.
Negligently drafted wills (professional negligence claims)
Our team can assist where a beneficiary has lost out because a will was badly prepared or a solicitor’s delay has prevented a will being executed in the beneficiary’s favour.
Solicitors and will-writers owe beneficiaries a duty of care, and where that duty is breached then a professional negligence claim can be made.
Defending inheritance disputes
We are experienced in defending inheritance disputes, routinely acting for executors and beneficiaries facing claims under the Inheritance Act, invalid will challenges, beneficial interest claims, and will rectification cases.
Out team can also respond to caveats by issuing a warning, and deal with any appearances.
Inheritance disputes between siblings
Inheritance disputes involving siblings are very common. These usually involve:
- Disputes over the interpretation of a will.
- Claims under the Inheritance Act.
- Disagreements over the administration of estates.
- Disputes over the distribution of assets.
Intestacy disputes
We provide guidance where someone dies without a will, including disputes over who should inherit under the intestacy rules and the practical consequences for spouses/partners and children.
Mutual will disputes
When Mutual wills are made by two people it creates a binding agreement between them, preventing the survivor from changing their will and disposing of the estate in a different way to that set out in the mutual will. Mutual wills often lead to disputes arising, and when they do our experienced team is here to offer expert guidance.
Mediation and Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) offers a quicker and cheaper alternative to traditional court proceeding.
We have an excellent record in resolving inheritance disputes through ADR, especially mediation. Mediation not only enables the parties to reduce costs (thereby ensuring that there is more money available to distribute to the parties) but it can also preserve family relationships where possible.
Free initial consultations and free case assessments
Our SRA regulated solicitors (who are recommended by the Legal 500 – the clients’ guide to the best law firms worldwide – for their work in the area of contentious trusts and probate) offer:-
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Free initial consultation / free case assessment.
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Funding options, including No Win–No Fee (and deferred-fee type options).
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National coverage across England & Wales, including acting for clients overseas