Disputing Wills & Inheritance Claims
Tollers’ specialist dispute resolution service recognises the increasing litigious nature of claims surrounding wills and trusts brought about by the changing family structure and the increasing size and value of estates.
The head of our dispute resolution team Tom Kings has spent the last eight years specialising in will disputes and inheritance claims. Tom is an Associate member of the Association of Contested Trust and Probate Specialists (ACTAPS) a rarity in the region.
If a family member has not made a will, their net assets (known as their estate) are divided in accordance with the intestacy rules. Even if a family member has made a will, disputes can occur between those left behind. Seeking early legal advice can be beneficial, both in terms of saving costs and anxiety for those parties involved and helping to ease family tensions and avoid unnecessary arguments.
Court hearings are the final step in any action and are a last resort. Tollers experts are experienced in all types of alternative dispute resolution which can be far more cost effective and productive for all parties. Tom Kings is particularly highly experienced in mediation.
Tollers can offer specialist advice on:-
Problems during the administration of the Estate including:
- Problems over the construction of a will
- Problems with or between personal representatives
- Actions to remove personal representatives
- Defending claims upon the estate
- Requiring personal representatives to account for their actions during the administration of an estate
Claims regarding the Estate. Inheritance Act Claims:
- On behalf of the beneficiaries defending claims by individuals entitled under the Inheritance Act to pursue actions
- Pursuing claims on behalf of spouses, partners, children and dependents
Disputes over Wills:
Bringing or defending claims as to the validity of a will on the grounds of improper execution, mental capacity, want of knowledge and approval, undue influence and fraud
The team also specialises in associated areas including:
- Actions by and against trustees
- Challenging lifetime gifts by reason of undue influence
- Care home charges by the local authority
- Issues regarding the proper use of Lasting Power of Attorneys, Enduring Power of Attorneys and Deputyships
Tollers offers a range of different funding options and for each matter will consider and discuss the possibility of insurance backed litigation as well as Conditional Fee Agreements such as ‘No Win, No Fee’. Tollers will give you a realistic estimate of the costs involved in any matter prior to undertaking works.
