If someone has lost the ability to make their own decisions, it may be possible to have a Will made on their behalf. This is known as a statutory Will. It is sometimes the case that an individual may no longer be able to manage their own affairs and they...
When someone dies, it is often a very stressful time for all concerned. Unfortunately, it is also quite common for legal disputes to arise when the deceased’s affairs are attended to. Fortunately, BakerLaw has specialist expertise in Inheritance Dispute law. If a dispute arises, we will ensure you understand the full extent of your rights, and act for you to achieve your best possible outcome.
An Inheritance Dispute may arise in any of the following circumstances:
- A family member or someone close to the family feels disappointed by being excluded from the Will, or by the amount that has been left to them.
- There are grounds to suspect the Will is not valid. For example, there may be uncertainty as to whether the deceased had:
- Understood the Will
- Lacked capacity
- Been heavily influenced by someone else, when wanting to make the Will
- The effect of the Will may be unclear, and there may be disagreement over its interpretation
- The deceased had promised part of their estate to someone, but this promise was not reflected in the Will
- The Will contains mistakes made by the solicitor or Will writer
- An executor, personal representative or trustee has mismanaged the estate, including any trusts
- The deceased’s property and monies were mishandled before they died, perhaps by the misconduct of someone granted with power of attorney.
Our specialist lawyers have successfully pursued and defended contentious probate cases for clients, over many years. Their clients have included high net worth individuals with valuable business and property interests.
BakerLaw also offers a range of options to fund your legal costs, and these may include ‘No Win, No Fee’ agreements.
Above all, your lawyer will work closely with you, one-on-one, to the resolution of your case, to ensure that you receive a personalised service.
Head of Dispute Resolution, Mark Ridley, is a member of The Association of Contentious Trusts and Probate Specialists (ACTAPS).
For more information, we invite you to call Mark Ridley on 01252 733 770 to discuss your case in confidence.
Our expertise with inheritance dispute resolution
Advice on your inheritance rights
If you are a beneficiary of a Will or believe that you should have been entitled to a share or further shares of an estate, you might have a contentious probate claim.
People can leave their assets to whomever they wish, but in certain cases, inheritance rights can override what has been written in a Will.
Our inheritance disputes solicitors can advise you on your inheritance rights and assist you in making a claim.
Contesting a Will
Should you find yourself in a stressful situation where a loved one’s Will needs challenging or defending, our lawyers have extensive experience in aiding clients with all aspects of contesting a Will, including:
- A failure to properly execute
- Lack of mental capacity when writing the Will
- Insufficient understanding and approval of the Will
- Lost or destroyed Wills
- Coercion by a third party
- Fraud and forgery
Click here to find out more information on how our inheritance disputes solicitors can assist in contesting a Will.
Inheritance Act claims
If you have not been included in a loved one’s Will or are unhappy with the contents of a Will which doesn’t make reasonable provision for your needs, it could be possible to make a claim against the estate under The Inheritance Act 1975.
Our team of inheritance disputes lawyers have experience in both bringing forward claims to help those receive a share of their loved one’s estate as well as defending inheritance act claims.
Click here to find out more information on how our inheritance disputes lawyers can help with inheritance act claims
Correcting mistakes in a Will
It is not uncommon for Wills to be presented with errors, especially depending on the type of service used when drafting the Will. If errors were made when a Will was written meaning it does not accurately reflect the testator’s wishes, it may be possible to have the Will corrected or ‘rectified’.
Our inheritance disputes solicitors can offer assistance in making sure a Will properly reflects the original intentions of the testator by:
- Reading through the Will to spot any mistakes or ambiguity
- Making contact with beneficiaries and executors to learn the original intentions
- Making a court application to rectify the Will
Proprietary estoppel claims
If you have relied on a verbal promise that was not met in a Will after the death of someone and financially lost out, there might be a possible cause to make a claim against the inheritors.
Our inheritance disputes lawyers can help with the following proprietary estoppel claim matters:
- Showing representation or assurance
- Showing reliance on the representation or assurance
- Showing failure to meet the representation or assurance
Probate disputes
If you are faced with problems over the handling or execution of a loved one’s estate, it is important they are correctly raised.
We have experience in helping clients with probate dispute matters, including:
- Raising claims
- Disputing claims
- Disputes between executors
- Disputes between beneficiaries
- Challenging a Will
- Defending a Will
- Disagreements over the interpretation of a Will
- Disagreements over the value of assets involved
- Contesting or defending probate with regards to how an estate is to be divided when there is no Will
- Dealing with unreasonable behaviour or mismanagement of the estate by the executor
Click here to find out more information on how our inheritance disputes solicitors can aid with probate disputes.
Financial mismanagement and abuse claims
If you are aware of financial mismanagement and abuse of your loved one’s estate, such as misuse of assets, someone not acting in the best interests, and other similar financial abuse, you have the right to open a claim against them.
Unfortunately, when loved ones become older, people often take advantage, particularly concerning finances, and more often than not, it is by those related to them. If you notice a situation where someone is taking advantage, our family inheritance disputes lawyers can help you to pursue a claim.
Alternative dispute resolution for inheritance disputes
The loss of a loved one is upsetting, especially if you are faced with being excluded from inheriting a share of their estate.
Going to court is not particularly something that anyone wants to do whilst suffering from a bereavement. But there are alternative ways to family inheritance disputes without needing a court battle, such as a ‘mediation’ which results in a quicker, less stressful, and less costly resolution.
We have helped many clients participate in mediation and get the desired result with the aid of our knowledgeable inheritance dispute lawyers.
We will provide a safe and calm environment and help to make sure your concerns are understood and solved in a positive manner that best suits you and the other parties involved.
Inheritance litigation
Sometimes court proceedings are the best or only option to resolve an inheritance dispute. In such situations, our team have the seasoned expertise in court litigation to give you the best chance of securing a fair outcome for your dispute.
Contact our inheritance dispute resolution solicitors in Farnham, Surrey
If you need to discuss an issue with a Will, probate or any other inheritance-related issue, our expert team are here to help.
You can contact your local BakerLaw office in Farnham, or you can email us at enquiries@baker-law.co.uk.
