WILLS AND INHERITANCE DISPUTES
We understand that disputes over wills and inheritance are often necessarily difficult and emotive. In all cases we aim to resolve disputes sensitively, cost effectively and without delay.
We have substantial experience of advising in a wide variety of wills and probate disputes including:
- Claims to challenge the validity of a will on the grounds that the will maker did not have capacity to make a will or was acting under undue influence from another person;
- Claims to remove or substitute the executors of a will;
- Claims to rectify a will under section 20 of the Administration of Justice Act 1982;
- Claims for additional financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 where someone has been left out of a will entirely, or where they have not been left as much as they need.
Our dispute resolution team work closely with our Probate, Tax and Trusts department in order to provide comprehensive advice which takes into the account the practicalities of administering an estate.
Many claims for wills and probate disputes can be resolved through mediation or negotiation and our team can help guide you through these processes to reach settlement which is acceptable to you.
Examples of cases in which our expert team have acted include:
- Representing a client in a claim to challenge his father’s will on the grounds that his father did not have testamentary capacity at the time it was made. The will left the entire estate to the client’s brother. The case required expert evidence from a geriatric psychiatrist and concluded in a settlement at mediation which provided for a substantial payment out of the estate to the client.
- Advising a residuary beneficiary in a claim against the executor of an estate worth in excess of £2m for the wasting of the estate’s assets. The Claimant won their case at trial and was awarded their costs.
- Representing a client in a professional negligence claim against a national firm of Will Writers after they negligently drafted a will with the result that a property was left to the wrong person. The claim involved first making an application to attempt to rectify the will.
- Advising a client in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after he had been excluded from inheriting any share of a close family member’s estate which was worth in excess of £1m.
If you have concerns about the circumstances that a will was made, the administration of an estate or if you have not been adequately provided for in a will, we would be happy to discuss your case with you by telephone and consider the options which may be available to you.
In some cases there can be a time limit as short as 6 months to take legal action and therefore it is very important to take legal advice as soon as possible if you think you may have a claim.
We offer tailored advice to suit your objectives. Our team represent clients in Devon, Bristol, the South West and throughout the UK. We have experience of resolving disputes informally, through mediation and at trial.
