Disputes about Wills and Inheritance can be emotionally and financially challenging. They often strike at the heart of family relationships, so need to be handled sensitively and yet firmly, with sympathy and expertise.
Disputes of this kind fall into two major categories. Firstly, a challenge to the validity of a Will left by a person who has died. The basis of the challenge may an alleged lack of mental capacity by the person who made the Will, or alleged lack of understanding about what the content of the Will, or an allegation of fraud or undue influence (duress) by the third party. Many home made Wills are also found to be invalid because they have not been made according to the correct formalities.
Secondly, an Inheritance Claim may be brought by a person who considers that inadequate financial provision has been made for them on the death of a person they were related to, or otherwise close to. The law sets outs who may bring such a claim under The Inheritance (Provision for Family & Dependants) Act 1975. Strict time limits apply for claims of this kind and so expert legal advice should be taken as soon as possible after the death of the person whose estate is to be the subject of a Claim.
We can offer expert advice to any one who wishes to bring or defend any such Claims. Gary Rycroft has undertaken training with the Association of Contentious Trust and Probate Specialists in association with The University of Law in order to be able to provide advice in this very niche area of the law.
In addition, disputes sometimes arise in respect of the the conduct of attorneys acting under a power of attorney, executors administering an estate or trustees looking after a trust and we also provide advice to either those bringing a claim or defending claims of this kind.
We are sometimes asked to interpret the clauses of Wills and Trusts prepared by other law firms. In addition, Gary and his team have also dealt with – and have expertise in – cases alleging that agreements to make Mutual Wills have been breached, where there have been death bed gifts (donatia mortis causa) or conduct by persons with a deliberate intention to poison the mind of a person against a potential beneficiary (fraudulent calumny).
At the outset of any matters if this kind, we will provide out with an appraisal of the merits and weaknesses of the case and agree a way of charging for our work. We will explore finding options with our clients, including insurance.