Will & Inheritance Disputes

Under the Inheritance (provision for Family and Dependants) Act 1975, whether bringing or defending a claim made by a disappointed beneficiary who has been left out of a Will.

Challenging or defending the validity of Wills based on lack of mental capacity, undue influence or other arguments.

Dealing with executors or trustees who have delayed, failed to progress the administration of estates or acted negligently or dishonestly.

All related proceedings, including claims by and against executors for their removal and/or in relation to disputed assets or estate accounts.

Dealing with caveats, warnings, appearances, summons and all other disputes in the probate registry.

Disputes regarding how a Will or Trust should be interpreted when the wording is unclear.

Ascertaining whether a lost or destroyed Will can be enforced or proved.

Whether for or against charity trustees and disputes relating to inheritance or legacies due to charities.

Such as disputed gifts, statutory Wills and deputyship applications.

Bringing or defending estoppel claims, where a promise of inheritance has been made and broken.

Financial abuse challenges relating to lifetime gifts or transactions undertaken by attorneys/deputies, friends or family.

Disputes in relation to trust interpretation and operation.

Proceedings by or against trustees in relation to compliance with their duties and the effective administration of trusts.

The payment of costs depends on a number of factors, including:

• the type of claim
• the conduct and position adopted by the parties
• whether one of the parties has succeeded over the other.

However — as a general rule — the losing party pays the winning party’s costs, subject to the assessment of those costs by the Court as to reasonableness and proportionality.

Since any litigation comes with an element of risk, we’ll discuss with you whether you wish to take out an ‘after the event’ insurance policy to cover the payment of any adverse costs awarded against you should the claim be unsuccessful.

We’ll discuss funding options with you and explore the best way to fund your case, to meet your needs in your particular circumstances.

Claims should be issued at Court within six months of a Grant of Probate being made. While there is the ability to ask the Court to extend this deadline in certain circumstances, it’s sensible to ensure that claims are progressed as soon as possible and brought within this six-month period for the best chances of success.

Executor duties are defined by legislation and include the following:

• Making funeral arrangements.
• Preparing a complete list and valuation of all the testator's assets and liabilities.
• Protecting all assets of the estate against theft, fire, loss and any other destruction.
• Advertising for creditors of the estate.
• Paying all outstanding debts — including funeral expenses, estate administration expenses and taxes — before distributing the estate to the beneficiaries.

The Court has a discretionary power to terminate the appointment of an executor or appoint a substitute. However, it will not do so lightly — evidence is required to show why the executor is unsuitable to continue in the role. 

Our contentious probate team can advise on exactly what’s needed and help you to gather and present the required proof.

The validity of a Will can be challenged on the basis that the person making it:

• failed to sign
• failed to have it witnessed properly
• didn’t know or approve its contents (they may not have truly understood its contents or effect)
• had some form of undue influence exercised over them (such that the Will didn't reflect their intentions or wishes)
• didn’t have the mental capacity to make a Will (usually due to a medical condition).

A will can be challenged by anyone who benefits under an earlier Will. If no earlier Will exists, any person who would benefit under the intestacy rules can bring a challenge.

If a Will is found to be invalid, the prior Will — properly executed by the deceased — will be the one that is valid and acted on (so long as that Will hasn’t been separately revoked).

If no prior Will exists, the intestacy rules will apply.

The intestacy rules are set out in legislation and explain who is entitled to take out the Grant and who receives the estate if the deceased didn't leave a Will.

A caveat is a document lodged at the Probate Registry to prevent a Grant of Probate being issued. It’s used when the validity of a Will is being challenged or when there are concerns as to whether an executor is a suitable person to administer an estate.

Financial abuse often involves a trusted person treating another’s money as if it’s their own. 

This can range from using their bank card to transferring large sums of money (or even property) for the benefit of themselves or people connected to them.

One form of financial abuse is known as predatory marriage.

In predatory marriages, the perpetrator often isolates the victim from family and friends and arranges a marriage, which may take place in secret.

Since marriage creates significant legal advantages for a spouse, it can be used as a shortcut to financial gain — whether the benefit occurs during the lifetime or upon the death of the vulnerable party. 

Unless a Will is stated to be made in contemplation of marriage, a marriage will automatically revoke any previous Will. This often results in the new spouse inheriting the majority (if not all) of the vulnerable person’s estate. 

The consequences for disinherited family members can be devastating. Sadly, the new spouse can also gain control over the funeral arrangements and exclude the family.

Attorneys (usually appointed under a Lasting Power of Attorney) and deputies (appointed by the court) have a duty to act in the best interests of the person they’re assisting. They must keep proper records of financial transactions and dealings and can be called on to provide an explanation of any suspicious dealings.

The powers that attorneys and deputies have can be removed by the court if misconduct — or even just innocent mismanagement — is proven.

We have extensive experience of representing concerned family members, as well as other legal professionals in such cases.