Inheritance, Wills, Trusts & Probate Disputes

We are always happy to speak with prospective clients by telephone to discuss a new instruction. We will do our best to respond to your enquiry as soon as possible. In our initial conversation, we will ask you to give us details of dispute, discuss the options for dealing with it and provide you with information about our costs and terms of business. Alternatively, you can email one of the team with details of your dispute and it is often helpful to provide us with the key documents early on in the process.

Disputes concerning estates and trusts can be complex. The majority of our team are members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and we pride ourselves on knowing our area. Within the team, there are not many situations we have not dealt with and, on the above pages, we have provided various examples of our recent work in each practice area.

While every case is different, the ‘final destination’ is usually a trial if the dispute cannot be resolved by negotiation. Our goal is to present your case in the best way and achieve the best possible outcome for you. In every case, we will provide you with a merits assessment of your situation and work with you to devise a case strategy. We will provide you with expert advice in relation to your legal position, settlement strategy and your costs position. Most cases will also involve some or all of the following stages, which we will work with you to complete:

1. Analysis of evidence and your legal position;
2. Pre-action correspondence;
3. Settlement negotiations, including mediation;
4. If necessary, preparation of your statement of case in support of or defence of court proceedings;
5. Representing you at case management and other interim hearings;
6. Gathering and analysing documentary evidence;
7. Interviewing you and any other prospective witnesses and preparing witness statements;
8. Where applicable, obtaining expert evidence;
9. Preparing for and supporting you through trial; and,
10. Enforcing any decision made in your favour.

Normally, our charges are based on the amount of time we spend on your matter and so the overall cost depends on what we are instructed to do, how the other party approaches the matter and, if court proceedings are commenced, on the directions the court gives. You may also have to pay ‘disbursements’ during the course of the dispute e.g. court fees, expert fees and barrister’s fees. The overall cost of a dispute depends largely on whether the disputes settles and at what stage. If a dispute is settled in its early stages, the overall legal costs will be much lower than if the claim proceeds to a trial. This can be a complex area of law and there is often more than one option for dealing with matters. Our role is to advise you of those options and part of that advice will be to consider the most cost-effective way of achieving the best outcome for you. We will provide you with cost estimates throughout your matter and we are usually able to provide ‘ballpark’ figures for the overall cost at an early stage.

The majority of our clients pay privately for their legal costs. In some cases, it is possible to arrange for a litigation funder to pay all or part of your legal costs and we can explore ‘After the Event’ insurance options with clients which may cover the cost of disbursements as well as providing protection against being ordered to pay another party’s costs. You may have the benefit of legal expenses insurance already and we recommend that clients check any pre-existing insurance policies they hold. Legal Aid is not available for this type of dispute and we do not usually offer conditional fee agreements.

The general rule in litigation is that the unsuccessful party is ordered to pay the successful party’s costs. This is a general rule and the court has discretion to decide differently. Which party ends up paying the costs depends on a number of factors; if a claim settles, this is usually part of the settlement negotiations and, if the matter is determined at trial, the judge will listen to the parties’ submissions and make an order. In particular, the judge will take into account any settlement negotiations that have taken place and the conduct of the parties throughout the litigation. Part of our work will include advising you on how to protect your costs position as much as possible to maximise the chances of recovering your costs from the other party and minimising your risk of being ordered to pay the other party’s costs. Every situation is different but we consider costs and costs recovery at every stage of the dispute.

The overall time it takes for a case to be resolved depends on various factors. Some matters are inherently more complex than others and much depends on how the other party to the dispute deals with things and on the instructions you give to us. In general, it will take 1 – 2 years for a piece of litigation to reach trial from the date the claim is issued. More complex claims with lots of documents, witnesses and the need for expert evidence can take longer and, likewise, more straightforward cases can take less time. In particular, cases involving limited factual disputes can be dealt with much more quickly. It is possible for parties to settle a dispute at any stage up to and during the trial. Whether and when a claim settles will generally be the most significant factor in determining overall timescales. We aim to provide realistic merits assessments at an early stage and consider costs and timescales with clients so they can make informed decisions about settlement. We will always consider timescales with you when you instruct us and we recognise that it is not always just about the money but that factors such as being able to move on and avoiding the stress of litigation may be just as important.