Disputes Over Wills and Inheritance

Disputes over Wills, Inheritance and Powers of Attorney

Sadly, there are times when disputes arise following the death of a family member or from the exercise of powers on someone’s behalf. Our specialist team of Wills and Probate lawyers can help you or someone you know in such circumstances.

We have considerable experience in resolving the following types of issue:

• Challenging the validity of a Will – this often includes an assertion that the person making the Will did not have the mental capacity to do so, or that they have been coerced into benefiting one member of the family against another.
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – while you are free to dispose of your assets as you choose, the law does provide protection for various groups of people (that include spouses, former spouses who have not remarried, co-habitees of two years, children and someone who was being maintained by the deceased) who have not been adequately provided for under the terms of a Will or the rules of intestacy. These claims have to be brought within 6 months of a Grant following death, so it is important that early evaluation is given to the prospects of a claim being successful.

• The way in which a deceased person’s estate is being administered by the executors.
• The appointment and removal of Trustees.
• The validity and/or construction of trust documents.
• Powers of Attorney – we can advise you on issues such as challenging the circumstances in which the Attorney was appointed, or on specific actions that have been taken by an Attorney.
• Negligent drafting of Wills - a solicitor or any person drafting a Will in a professional capacity owes a duty not only to the person making the Will but also to potential beneficiaries under the Will. There are a number of circumstances where solicitors and Will writers have failed in these duties.

These are often complicated and sensitive disputes involving family members. We are sympathetic to these issues and we will look at finding solutions that minimise the cost and anxiety for our clients, but where this is not possible our team of experienced lawyers are able to take the required action that will bring the best prospect of success.

To discuss whether we may be able to help you with a particular issue please email Jim McGarrity or Nick Scott or telephone us 01908 697769.