Disputes when someone dies
Bereavement is a painful and emotional time. And when there is a dispute over a will or the way an estate is being administered, it can make it even tougher.
Will disputes
We recognise how difficult it can be when you are left out of a will when you were expecting to benefit, or someone seeks to argue that a will is invalid.
- Did the person making the will have the necessary capacity to do so?
- Does the will reflect the deceased’s wishes?
- Was the deceased coerced in to making the will?
- Was the will properly executed?
- Is the will a forgery?
We have extensive experience in contesting or defending the validity of wills. This can be a tricky area of law, but we will help guide you through the process, designing a strategy to help you bring or defend a claim in a pragmatic and sensible way to achieve a successful outcome.
Inheritance Act disputes
If you have you been left nothing by a close relative or someone who supports you, a claim may be possible under the Inheritance (Provision for Family and Dependants) Act 1975. This may also apply if you have you been left less than you need, or the person has died without leaving a will and the intestacy rules means you are insufficiently provided for or at all.
Inheritance Act claims are often urgent as you may have an immediate need for cash or assets or are being told you need to leave an estate property. There is a short window in which you can bring a claim under the Act following the issue of the Grant. We progress matters quickly in order to bring you the security that you require.
We can also act for beneficiaries in opposing such claims, whether it is the claim as a whole or the level of financial provision sought; and help the executors and administrators to remain neutral as their role requires to ensure they are protected from cost orders being made against them personally.
Pre-death agreements
Disputes sometimes occur when someone dies and the promises made by the deceased in their lifetime are not included in their will, or no will was ever made. This often happens when someone is promised a business or farm and work for that business for many years at a low wage relying on the promise that the business or land will pass to them upon death. When this does not happen, can you make a claim? The answer is possibly; there are several routes to consider: proprietary or promissory estoppel; constructive trusts or resulting trusts.
We have extensive experience in dealing with these claims and will advise as to whether such a claim for an interest in the estate is viable.
Estate administration disputes
It can be extremely upsetting if an estate is not being properly administered. Whilst estate administration can be slow and challenging – as well as emotionally fraught – it should still be progressed without unnecessary delay.
If you are a beneficiary and think that the executors or administrators are not managing the process correctly or quickly enough, we can investigate to see what the problems are and what can be done to resolve the situation. If the executors or administrators are not acting appropriately, we may advise to remove them and replace them with suitable alternatives.
If you are administering the estate and have been criticised unfairly by a beneficiary or are not getting the co-operation from a co-executor or trustee to administer the estate, we will give clear and concise advice so that you can protect your position.
Property disputes
Property disputes are often compounded when someone dies. What do you do if you inherit a property and someone is living in the property but refuses to vacate or pay rent for their occupation? You may have lived in the property for a long period and are now being asked to leave because it has been inherited by someone else who wants to sell it or occupy it themselves.
These matters are often urgent, particularly when the property is being marketed for sale and you should therefore take early advice. We can advise on the best way to protect your share of any sale proceeds or to advise on your position if someone is threatening to sell your home.
Professional negligence
When a professional adviser fails to do their job to the standards expected, you can be left with a substantial financial loss.
We regularly advise on all aspects of professional negligence in relation to wills, trusts and estate planning, whether that advice has been given by a solicitor, a will writer, an accountant, a tax adviser, or a financial adviser. The will or trust may have been badly prepared, or ineffective, or they may result in unintended tax consequences. You may also have been given poor investment advice that has led to losses to an estate or trust. These cases are often high-value, complex and may be cross-border.
It may be possible to take action to correct the mistake or rectify the defective will or trust and then pursue those at fault for your losses.
Over the years, we’ve successfully brought and defended claims on behalf of individuals, executors, trustees, charities and trust companies against a wide variety of professionals.