Probate Disputes
Unfortunately, disputes involving estates after a death are on the increase and can make things complicated and sensitive.
Whatever the nature of the dispute, however, the answer lies in resolving it quickly and cost-effectively. We are one of the few firms to have a dedicated team of specialists in resolving disputes concerning Wills, estates and family trusts. Our lawyers are members of the Association of Contentious Trusts & Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP), Association of Lifetime Lawyers (previously, Solicitors for the Elderly) and of the Law Society’s Probate Panel. All demand expertise and up-to-date knowledge from their members.
What type of dispute do we cover?
- Family provision from estates (Inheritance Act 1975)
- Validity of the terms of a Will
- Poor administration of estates, including removal of executors or trustees
- Claims regarding negligent advice, e.g. on the making of Wills or the administration of estates or trusts
- Enforcing unwritten agreements
- Personal liability of trustees
- Mental incapacity claims
"Elizabeth was very, very good in dealing with my case and I could not have been better informed. Promptly responded to. Great service all round."
"My experience with Wards Solicitors was excellent, both members of your team that I dealt with were ethical and ensured I understood the process. I will use Wards again should I need."
"Emma Kerry has been excellent in her communication both with myself and the opposing solicitor. I would thoroughly recommend her."
Litigation can be an expensive business, particularly if you require specialist evidence. There are various ways in which your dispute can be funded and part of our first meeting will be to discuss all the options with you. Whether paying privately, on a ‘no win, no fee’ basis, through legal expenses insurance (which you may have on your insurance plan) or After the Event Insurance, we’ll provide a realistic estimate at the outset and pay close attention to the costs – we can even stage payments. The most important thing is that the costs don’t outweigh the benefits to you.
My mother has dementia and wants to make a Will. How does she go about it?
If someone has dementia then there is a question as to whether they have sufficient mental capacity to make a Will. A medical practitioner must be present at the time, to assess this. A challenge to the Will can be reduced if there is proof of the mental capacity from an appropriate medical practitioner. If she does not have capacity then unfortunately she will not be able to make a Will.
My brother has taken control of our mother’s finances through a joint account. I am worried about what he is doing with her money. What can I do?
A joint bank account can easily be abused here. The best thing to do is for your mother to create a Lasting Power of Attorney (LPA). This allows your mother to choose people to control her financial and personal affairs; from paying bills to deciding appropriate types of medical treatment. The Court of Protection will safeguard your mother’s interest and she can decide what she wants them to do for her.
My father has died, leaving everything to his second wife and nothing to me. I don’t think that’s fair! Is there anything I can do?
It is possible to challenge the Will, stating that your father should have made financial provision for you. You only have six months to make a claim, however, so you may wish to discuss this with a probate disputes specialist as soon as possible.
My sister has learning disabilities. My father’s Will shared the estate equally between us but is she entitled to more than 50%?
Although this may not seem fair, the Will can be rewritten. If your sister has greater needs than you, it is likely that she will be successful.