Will disputes

The most common type of dispute relating to a Will arises where a person has reason to believe that the Will is not valid. The validity of Wills can be challenged on various grounds including:

• Lack of testamentary capacity of the testator when the Will was executed. This refers to a legal concept related to a person’s ability to create a valid Will. In order for a Will to be considered legally valid, the person creating it (the testator) must possess the mental capacity to understand the consequences of their actions when making it.
• Undue influence, where the testator was unduly influenced or coerced into making the Will
• Lack of knowledge and approval. This refers to a legal requirement that the person making the Will (the testator) must have a clear understanding of the contents of the Will and must willingly and consciously approve of those contents. This is necessary to ensure that the Will accurately reflects the testator’s intentions and is not the result of undue influence, fraud, mistake, or other improper circumstances.
• Lack of due execution or failure to comply with the essential formalities. For example, failure to sign the Will, insufficient witnesses, fraud and forgery.

Other disputes can relate to the interpretation and construction of clauses in a Will, where the wording is not clear.
Our team represents clients in applications to the court for construction and/or rectification of the Will in these circumstances. We’re here to help, get in touch.

Inheritance Act claims

Whether or not there is a valid Will, claims can still be brought by individuals who have either been excluded from inheriting or not been provided for sufficiently.

Such claims are brought under the Inheritance (Provision for Family and Dependents) Act 1975 and there are various factors and criteria which must be satisfied for this type of claim to succeed.

We’re here to help, get in touch.

Executor and trustee disputes

Disputes can arise between the executors and trustees or with beneficiaries.

Our team advises on all the available options but where disputes cannot be resolved, claims can ultimately be brought against any executor for maladministration and/or removal as executor.

We’re here to help, get in touch.

Trust disputes and litigation

We advise and act for trustees and beneficiaries of trusts in various types of disputes including, applications to challenge or vary the trust structure and applications to court for directions on behalf of trustees.

We also have extensive experience in bringing and defending breach of trust claims, we’re here to help, get in touch.

Land and property ownership disputes

Land and property disputes arise where there are disagreements between joint land or property owners, relating to either rental income from the property or division of proceeds of sale.

Disputes also arise, where the legal title is held only in the name of one person, but another person may have a beneficial interest in the proceeds of sale.

It is important to speak to us about what remedies might be available to you in these circumstances.

Proprietary estoppel claims

This is an equitable remedy which means that a person may be able to to enforce an unwritten promise or assurance made to them that they will inherit land or property.

These claims can be complex, it is important to seek help from our team as early as possible, we’re here to help, get in touch.

Farming and agricultural succession disputes

Our solicitors will advise you on all aspects of succession disputes relating to farming land and agricultural tenancies.

We’re here to help, get in touch.