The death of a relative or friend is always a stressful time. The last thing that you should want to worry about is the distribution of the estate.
We pride ourselves in achieving practical solutions for you in problems relating to the Administration of Estates. In every case we have two objectives:
- To conclude your case on the best possible terms, and
- To do this as quickly as possible
In safe hands
Will and Estate Disputes are handled by our sympathetic and approachable team is headed by Stephen Lawson, supported by Jennifer McGuinness an Associate of the practice.
Stephen and Jennifer are among the few lawyers nationwide (approximately 400) to have sufficiently proved their experience and skill in order to join the Association of Contentious Trust and Probate Specialists (ACTAPS).
Stephen’s expertise is recognised by others and he is often asked to present lectures to other lawyers on these issues. Stephen is currently chair of the STEP Cheshire group (Society of Trust and Estate Practitioners).
We can help you deal with any dispute relating to Wills, Estates, Trusts and Court of Protection issues including:
Inheritance Act claims
If you believe that inadequate financial has been made for you following the death of a relative, you may be able to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975. This provides protection for people for whom reasonable financial provision has not been made.
Claims relating to the validity of a Will
A Will can be challenged on a variety of legal grounds. For example, on a technicality where the Will has not been witnessed properly or where a person making a Will has made it without sufficient mental capacity or under undue influence.
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 simply get it wrong – and when they do, disappointed beneficiaries can make a claim.
Donatio Mortis Causa or “gift on occasion of death”
A Donatio Mortis Causa is a gift of property which is made by a donor in contemplation of their death within the near future – usually as a result of illness – and literally means “gift on the occasion of death”. It is however subject to specific requirements.
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.
