Disputed Estates

A higher proportion of people than ever before are leaving substantial estates or valuable assets in the form of their home and where there is a significant sum available for distribution, arguments and disputes frequently arise.

The problem is compounded by the fact that in modern society we now have more complicated family relationships. This means that it is not uncommon for dependants to be overlooked in a will, forcing them to make a legal claim on the estate.

There are generally three types of claim.

1. Invalid Wills

It is sometimes possible to prevent (or revoke) a Grant of Probate on the basis that the Will was invalid because either: -

The person making the Will did not have the necessary testamentary capacity
The person making the Will was subject to the undue influence of someone who has benefited by the Will
The will was not properly signed or witnessed

2. Claims Under the Inheritance (Provision for Family and Dependents) Act 1975

Whilst it is generally the case that people can leave their money to whoever they wish, there are some circumstances whereby a claim may be made against a valid will. The Inheritance (Provision for Family and Dependents) Act 1975 provides that certain categories of people may have a claim against the will (or, if there is no Will, against the rules of intestacy) if they can show that they have not been reasonably provided for. Such people include a spouse (or in some circumstances a former spouse) an unmarried partner or children by a previous relationship.

3. Claims for Proprietary Estoppel

These claims are less common and arise when a claimant is able to show that he or she had incurred expenditure or acted to their detriment on the reliance of a promise made by the person who has died without carrying out that promise. For example, a daughter who gives up her career and moves in with her elderly father to look after him on the basis that he will then leave her the house may have a claim if he does not keep his word.

We can also have unclear Will terms rectified by the Court or by agreement and can assist in applications for the removal of Executors and Trustees from their duties. We can provide advice in relation to negligence claims against other solicitors for poor or late preparation of Wills and for mismanagement of the administration of estates.

We are one of a very few firms who have a team dedicated to providing advice and assistance should a dispute arise.