Disputes over Wills trusts and probate occur at time of emotional vulnerability and stress.
We have a team of experienced litigation solicitors, supported by in house counsel, who work in the specialised field of inheritance disputes, will disputes and contentious probate.
We offer experience and expertise in all types of probate dispute including:-
- Will disputes
- Trust disputes
- Claims made for reasonable provision by relatives or dependants
- Wills made under duress or undue influence, or where the person did not have the capacity to understand what he or she was doing
- Applications to remove or substitute Executors or Trustees
- Claims against other professionals for negligent drafting
- Claims against Trustees for negligence
- Applications regarding contested ownership of property
- Power of Attorney Disputes
The circumstances of each case are unique. Godloves are able to offer a tailored response and provide sympathetic support and advice to clients in this complex area of law.
We take great pride in our ability to resolve disputes as soon as possible through negotiation and mediation. Where litigation is necessary we strive to ensure that this is handled as efficiently and cost effectively as possible.
Frequently Asked Questions
I do not think that the deceased had full mental capacity. Can I challenge a Will?
It is important when preparing a Will to ensure that the deceased has the necessary mental capacity to create a Will. The starting point is the principle that a person over the age of 18 can leave their assets to who they want.
If you feel that the deceased did not understand what they were doing when they created a Will then it can be challenged. A successful challenge of a Will can mean that the Will is effectively torn up and consideration can then turn to either a previous Will or for assets to pass under the rule of intestacy.
What can I do if I am unhappy with the terms of a Will?
If you are unhappy with a Will and think that you should have been left a reasonable provision then you are able to make a claim. If you are a Husband, Wife or Civil Partner who lived with the person for 2 years or more before the death, a child of the deceased you may be eligible to make a claim.
You do need to act swiftly however and there is a 6 month deadline from the issue of a grant of probate
Can I pursue a claim for professional negligence?
If you should have been left money in a Will and the gift has failed as a result of a mistake made by a solicitor or legal adviser then you may be able to make a claim. There are a number of formalities required when preparing a Will. If those formalities are not complied with then a gift may fail.
A legal adviser has a duty of care to carry out their duties with professional skill and care. If they have failed in that duty a potential beneficiary may also have a claim.
Can I challenge the actions of a Trustee?
If you are unhappy with the way that a Trustee has acted you may be able to make an application to the court to have the Trustee removed or substituted by another person. If you feel that a Trustee is not taking their duties seriously enough or they are abusing the position that they find themselves in.
If you feel that the Trustee has been negligent in the way that they have acted then there may be a claim for negligence against that Trustee.
The legal position is complex and you will need the comfort that you will receive legal advice from a specialist who can identify quickly with you whether you have a claim or not.
Do I need to act quickly?
There are a number of deadlines that you will need to comply with. Assets of the estate may need protecting as a matter of urgency. We have the experience to be able to identify what steps you need to take and how quickly you need to act in order to protect your position.
