The loss of a loved one is an emotional and upsetting time which will only increase when there are worries and concerns over a potential or actual dispute in connection with the estate. Disagreements can escalate quickly and in such circumstances it is important that you seek professional advice and support from an experienced adviser.
Why problems arise
There are many reasons why a dispute may arise:-
- A poorly drafted will with ambiguous provisions which simply do not make sense, are contradictory or have words or clauses missing
- There may be disgruntled beneficiaries who do not feel that the inheritance is what they are entitled to, or who are omitted from the will entirely but feel they have an entitlement to inherit
- The will might make inadequate provision for family members due to changes in circumstances between the time the will was made and the point of death
- There may be disputes between executors of a will and the beneficiaries over how the estate is being administered
- The validity of a will may be questioned for a number of reasons, such as allegations that at the time the will was made the person making such will did not understand the provisions, that they were being put under undue influence or there may be allegations of fraud
It is our aim to resolve any issues through negotiation without the need for the involvement of the courts. In doing so this will help keep costs and distress to a minimum. However, should court involvement become necessary, we will ensure that you receive the benefit of an expert to support and represent you at each stage of the proceedings.
Costs and Fees
Naturally the costs involved of challenging a will must be a consideration, particularly if court proceedings are contemplated. Before and during the process we will discuss and make you aware of the likely legal fees and disbursements. We will always consider a range of funding options whether this is by reference to hourly rates, a fixed fee or an alternative solution and agree the most appropriate method before proceeding.
Our knowledge and expertise has developed over many years and we know that no two situations are the same. We always offer a tailored professional service and if you would like to speak to one of our advisers for more information please do not hesitate to get in contact.