Inheritance, Wills, Trusts & Probate Disputes

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It’s far too easy for seemingly small issues to escalate in already stressful situations when large sums of money are involved. Family tensions and arguments over wills and estates can cause lasting damage to relationships, so they need swift, supportive legal help.

We can help you navigate to a solution, and in the majority of cases we can do this completely out of court.

Contesting a will

There may be a problem with a will that you need help with, whether someone has been left out, or funds aren’t being left in the way you expected. Perhaps you were promised to be left a certain sum of money or asset and this isn’t in the will.

It may even be that the will was forged, is invalid or contains errors. It’s your right to make a professional negligence claim if a will writer has made errors or given incorrect advice.

We can also help challenge the entitlement of the Crown in the absence of beneficiaries with the help of genealogists, making sure assets go to the right person.

All of these issues can often be solved out of court by our supportive and helpful team.

Contesting probate 

If you feel the administration of a will is not being handled correctly, you may be able to contest the probate. You may wish to challenge the executor of a will if you feel they are incorrectly collecting assets, wrongly distributing the estate or not managing outstanding debts in the right way. 

These disagreements can come about because of many reasons, whether it be family tensions, or misinterpretation of complex clauses in will. Our team will help you understand these complexities so you can be confident that your loved ones legacy is handled how they would have wished.

Inheritance Act claims 

You may have expected to be left a particular share of an estate but in fact have been left out of the will, or you have not been left what you reasonably expected. It may even be the case that there was no will at all.

You would be covered by the inheritance act if you are:

  • A civil partner or spouse, a former partner, or if you lived with the deceased for at last two years before their death 
  • A child of the deceased
  • Someone who was financially dependent on the deceased 

Our team can help you navigate the inheritance act and make sure you understand what you are entitled to if you find yourself in this ambiguous and stressful situation.

Disputes between trustees or beneficiaries

You can find yourself in an incredibly stressful situation if a trustee is negligent in their duties, or documentation is unclear regarding trustee responsibilities.

Difficulties can also arise between trustees and beneficiaries. There may be negligence issues, incorrect advice given, or complete mismanagement. It may be that an executor or trustee has acted in a way that means they should be removed completely.

Resolving these issues swiftly will ensure lasting damage is prevented, and the situation is resolved. 

Issues with deputyship and mental capacity 

The Court of Protection will make a statutory will on behalf of a vulnerable person. Unfortunately this may not always reflect the person’s wishes, and you may feel you want to challenge this.

It may be that the will should not have been made in the first place, and the person has the mental capacity to make their own will. Maybe the financial deputy in place is not acting as they should. 

We can help you challenge any of these concerns, and help you understand where you stand, so that you can ensure your loved ones assets are handled as they would have wished.

How we’ve helped our clients

“When a distant relative died, unexpectedly I found myself as executor of her will. It was being administered by the solicitors who had been holding the Will. Annoyingly, the Will had been badly written and contained mistakes and ambiguities. It became obvious to me that those dealing with it were incapable of resolving the situation and were wrongly pursuing pointless and expensive lines of investigation. I mentioned this to a friend who told me that while dealing with Paris Smith he had learnt that they had a man who specialises in bad wills. I approached Paris Smith and Jason Oliver said that he could help me. Jason considered all the facts and immediately stopped the administering solicitors from proceeding further. With his expertise he was able to resolve the complex issues while keeping me fully informed at all times. He guided me through Zoom meetings, dealings with barristers and High Court procedures. Best of all, the estate was finally divided as originally intended. I was very impressed with the professionalism of Jason Oliver and would recommend him to anyone requiring legal advice and guidance. ”

Gerry Burnell

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Jason Oliver
Partner – Personal Disputes and Commercial Disputes

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