Wills, Trust and Estate Disputes
Our Expertise
The loss of a loved one is a distressing time and the situation can be even more difficult where disputes arise over the Will or estate. No matter which type of dispute you are facing, our expert team can support you with sensitive and practical advice, aiming to make things easier during this difficult time.
At Dutton Gregory Solicitors, our Wills, trusts and estate disputes experts can help you to resolve all types of disputes, including:
- Will disputes
- Inheritance Act Claims
- Proprietary Estoppel
- Constructive Trust Disputes
- Probate and Administration Claims
- Court of Protection matters
How we can help with Wills, Trusts and Estates Disputes
Will disputes can arise for many reasons and these can be difficult to resolve unless you have the assistance of a lawyer. We can help you to resolve disputes in a wide variety of circumstances, a few of which include:
- The signing of the Will was not witnessed properly and is therefore invalid
- The person who made the Will did not have mental capacity
- It is suspected that the person was coerced into signing the Will, for the benefit of another party
An individual has the right to choose who they wish to leave their savings and assets to, detailing this information in their Will. However, where dependants do not receive what they were expecting, they have the right to make a claim under Inheritance (Provision for Family and Dependants) Act 1975.
An individual might make a claim if, for example:
- That dependant, spouse or next of kin was not included in the Will
- That dependant, spouse or next of kin was not left as large a portion of the estate as they feel they need
Proprietary Estoppel is a legal process to prevent an individual from taking back a promise they made, where doing so would disadvantage someone else. For instance, if an individual promised a family member a certain portion of their estate and then later did not leave them these assets.
Where we believe that you have grounds to make a Proprietary Estoppel claim, we can help you to raise this claim, as well as addressing any of your concerns about the process and or outcomes.
These disputes arise where an individual takes control of another person’s property and then handles the assets in a manner that goes against their powers and authority. This situation is considered a breach of trust and legal intervention is required to resolve matters.
If you are facing a constructive trust dispute and require our help, contact our expert team for an honest discussion of your situation and options moving forward.
There are various issues which may occur with regard to a deceased’s persons trusts or estate, for instance:
- Disputes arising between estate representatives or Will executors
- Disputes arising between beneficiaries and or trustees
- Issues concerning how trust documents and Wills have been interpreted
If you need support raising a trust claim or defending one, we can provide all the assistance you will need.
The Court of Protection refers to a Court that arranges welfare and financial matters for those who the lack mental capacity to arrange these matters themselves. In such cases, a next of kin can apply to the Court of Protection to become a Deputy, gaining the permission to manage their loved one’s affairs.
Where disputes arise concerning Court of Protection matters, our specialist solicitors can assist clients to resolve these, as amicably and as swiftly as possible.
Commonly asked questions about Wills, Trusts and Estates Disputes
Will disputes occur for a wide variety of reasons. A few of the most common scenarios include:
- The Will does not include an individual who expected to receive a portion of the estate
- The testator (the person making the Will) was unduly influenced to include certain elements in the Will
- Concerns that the person who wrote the Will did not possess the required mental capacity at the time
- Suspicions that the Will was forged or fraudulent
How a Will dispute is resolved largely depends on the type of Will dispute.
Alternative dispute resolution is usually the first point of call to resolve a Will dispute, for instance, mediation processes. The process involves the disputing parties meeting together along with a qualified mediator. The mediator helps them to express their preferences and negotiate a resolution between themselves.
Where disputes cannot be settled with mediation or some other form of alternative dispute resolution, it may be necessary for the involved parties to resolve the claim in Court.
Get in touch with our Wills, Trusts and Estates Disputes Solicitors
Our Wills, trusts and estates solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Southampton, Winchester, Woking, Liverpool and London.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
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