The death of a relative or friend is always a stressful time. Problems relating to the Administration of an Estate can only compound these difficulties. We pride ourselves in achieving practical solutions to the problems relating to the Administration of estates. In every case we have two objectives, namely:

• To conclude a case on the best possible terms for our client and
• As quickly as possible

Our sympathetic and approachable team is headed by Stephen Lawson. Stephen is one of only around 250 lawyers nationwide to have sufficiently proved his experience and skill in order to join the Association of Contentious Trust & Probate Specialists (ACTAPS). Stephen’s expertise is recognised by others as he is often asked to present lectures to other lawyers on these issues. We can deal with any dispute relating to Wills, Estates, Trusts and Court of Protection issues including:

• Inheritance Act claims

  Inheritance claims can be brought by individuals on the ground that inadequate financial provision has been made for them.  Claims can be brought whether or not there is a Will in existence.  Claims can be brought by a current or former husband or wife (including a same sex civil partner, a cohabite of more than two years, a child of the deceased or other dependants).  The calculation of the valuation of any claim can be complex and includes a variety of circumstances including the needs of the Claimant, the needs of other beneficiaries and the size and nature of the estate.  We have substantial experience in this type of case including claims won at trial – although experience has shown that we are able to settle the majority of these claims without the worry of Court proceedings.

• Claims relating to the validity of a Will

  A Will can be challenged on a variety of legal grounds including:

  1. Technicalities – sometimes a Will is incorrectly prepared or witnessed.  In this eventuality the Will is usually totally invalid – and the estate would be administered as if there is no Will in existence. 

  2. Lack of Capacity – sometimes people make a Will and they do not have the mental capacity to make it.  This can often be a problem with elderly people who have had mental health problems.  Sometimes people taking heavy prescription medication or have substance abuse (such as drugs or alcohol) may not have the capacity to make a Will at the time they actually sign it.  We use an established bank of Counsel and experts to help our clients prove their case.

  3. Lack of Knowledge and Approval – sometimes it can be the case that a Testator does not know and understand the nature of a Will that has been signed. This can particularly be the case if, for example, a person who cannot read or who is not wearing their essential spectacles at the time, signs a long Will that they do not understand. 

  4. Undue Influence – sometimes family members put undue pressure on someone who makes a Will to make provision in their favour.  A will can be set aside on this ground.

• Claims against previous advisors who negligently provided a Will

  Someone who prepares a Will as a part of their business is under a “legal duty of care” to the beneficiaries to take reasonable skill and care when preparing it. Sometimes people who prepare Wills “get it wrong”. In these circumstances claims can be made on behalf of disappointed beneficiaries. Alternatively steps can be taken to rectify a Will if, as a result of clerical error, the Will that has been prepared does not reflect the wishes of the person who has died.
• Donatio Mortis Causa

  This literally means “gift on the occasion of death”.  This is a gift made during someone’s lifetime – but which is made in contemplation of death.  Legal title to a gift (which may include substantial assets such as the contents of a bank account or house) takes effect on the death of the person making the gift.  There are three essential requirements for this provision to be made out, namely:

  1. The gift must have been made in contemplation of death
  2. The subject matter of the gift must have been delivered to the recipient e.g. Title Deeds to a house handed over or a Building Society Passbook or
  3. The gift must have been made under such circumstances as to show that the property goes back to the original owner if the original owner recovers.
  
• Devastavit

  Devastavit literally means “waste” – a claim in Devastavit is made against the Executor or the Administrator of an estate who has inappropriately allowed the assets of an estate to diminish by neglect, maladministration, abuse or other negligence. In these circumstances in the Executor or Administrator of an estate can be personally liable to disappointed beneficiaries.

In appropriate cases we can deal with claims on a private paying basis, on a “no win, no fee” basis or with Legal Aid funding. We will discuss this with you at the outset of any case.

Stephen Lawson at our Frodsham Office