Wills, Trusts and Estates

Disputes can and do arise over the division of a deceased person’s estate.

There are various grounds for challenging the validity of a deceased person’s Will.  The following concerns can give rise to a dispute regarding the validity of the Will:

• That the individual did not have capacity when they made their last Will and that therefore the Will is not an accurate reflection of their wishes
• That the individual was acting under undue pressure from a third party when making the Will
• That the individual lacked sufficient knowledge or approval of the Will
• That the proper formalities were not applied when the individual made the Will
• That the Will was subsequently revoked by a later Will

It is also possible to challenge a Will on the basis that it may have not have made adequate provision for a spouse, civil partner, child or someone else who was financially dependent on the deceased.

In addition, disputes may arise between beneficiaries and executors.  Furthermore, concerns may be raised regarding the conduct of the deceased’s personal representatives which could lead to an application to formally remove them as personal representative of the estate.

If a dispute arises in the context of a deceased person’s estate then we can help you try to resolve it.  if the dispute cannot be resolved then it may be necessary to apply to the court for a determination of the issues.  We can assist you with that process and will strive to achieve the best possible result for you whilst having regard to the costs and risks associated with any such action.