Dispute Resolution for Wills, Trusts & Probate
Families are becoming more diverse and complicated in their structure through second and third marriages and cohabitation. Economic conditions are such that a potential beneficiary is more likely to challenge a Will if they have not received the inheritance they expected. These factors contribute to more Wills being challenged, particularly where the estate is more valuable.
Our areas of expertise
Our experienced team can advise you on a wide range of issues. These include:
- Claims for reasonable financial provision under the Inheritance Act (Provision for Family and Dependants) Act 1975 where you are of the view that you have not been adequately provided for by the deceased;
- Will Disputes. For example, challenges to Wills where the Will was incorrectly drafted and executed, where the deceased lacked capacity or was subject to undue influence;
- Querying the way the estate is administered and considering whether an application for removal of an executor is appropriate;
- Applications to the court by trustees, claims brought by beneficiaries against the trustees, claims brought by or against third parties and applications to remove a trustee;
- Applications to the Court of Protection. For example, bringing or defending an action to prevent registration of a Power of Attorney, applications to remove an Attorney or a Deputy and applications to the court for something to be done or not done on behalf of someone without mental capacity such as selling their home.
- Professional negligence arising from the above.
Why choose us?
The approach we take to every case varies depending on your needs, the desired outcome, the urgency of the instructions and the sensitivity of the situation. Often, it is family members that are in dispute over an estate. However, commencing court proceedings can sometimes be the most damaging step to take in terms of the impact it will have on your relationship with your family. We will consider all options so as to resolve your case in the most appropriate way. This includes giving you guidance in the background, mediating the matter and taking the case to court.
A key contact will handle your case on a day to day basis so that any queries you have can be raised with that individual. We ensure that your case is handled by the most suitable person.
Who are we?
We are a local firm, having been based in Horsham, West Sussex for almost 125 years. The experienced team is comprised of a healthy combination of litigation solicitors and Trust, Tax & Probate solicitors and legal executives.