Inheritance Act claims & will disputes

Inheritance litigation is particularly risky and can be very expensive, so we advise you openly and transparently, keep the status of your case under constant review, and work to resolve it quickly and cost-effectively.

We encourage resolving disputes through some form of alternative dispute resolution, such as mediation. If that is unsuccessful we are prepared to represent you in court — but litigation should always be the last resort.

We take instructions sensitively whether you believe a will was made or altered without testamentary capacity, are bringing or defending an Inheritance Act claim, are involved in a trust or estate dispute, or suspect a forged or fraudulent will. Claims can involve complex estates, international trusts and overseas assets.

If you have been left out of a will, or not left as much as you need, you may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975. Those who might reasonably expect a share of an estate include a spouse or civil partner, children (minor or adult), a former spouse or civil partner who has not remarried, someone who lived with the deceased for at least two years before their death, and anyone the deceased was financially maintaining.

We can help you claim where the deceased left no valid will (intestacy), where you were left out of the will, or where you were not left as much as you need. There is a six-month deadline from the date probate is granted, so seek advice urgently.

Every will is different and no two disputes are the same, but most challenges fall into one of five categories:

• Lack of testamentary capacity — the person was not of sound mind or memory when the will was made or changed, for example through dementia, mental illness or brain injury
• Lack of valid execution — the will was not signed and witnessed as the law requires
• Lack of knowledge and approval — the person did not truly know or approve the will's contents
• Undue influence — someone coerced the person into changing their will for their own benefit; more than mere persuasion, and usually behind closed doors by someone in a position of trust
• Fraud or forgery — from a forged signature to an entire forged will, or a will writer instructed by an impostor

Trustees must manage a trust efficiently and always act in the best interests of all the beneficiaries — if they do not, the financial consequences can be serious. You may have a claim where a trustee has mismanaged or misused trust funds, failed to act impartially between beneficiaries, kept a beneficiary from property or funds they are entitled to, withheld information, failed to pay trust income, or acted (or stood by while a co-trustee acted) in breach of trust.

Depending on the breach, we can help you remove or replace a trustee, obtain information about the trust and its accounts, and recover money taken from the trust. If a trustee has committed theft or fraud, we can also help you bring criminal charges.

As family arrangements become more complex, so do the ways we own and inherit property — and disputes often follow, especially over family homes. We can help where you have inherited an interest in a property and disagree with the co-owners about what to do with it, where an expected inheritance never arrived, where you cannot occupy or receive income from a property you have an interest in, or where your entitlement to occupy a jointly owned property is under threat.

Professionals owe a duty of care when giving wills and estate-planning advice — sometimes to the beneficiaries as well as the client. Clerical errors, incorrect tax or legal advice, delay in preparing a will, wishes recorded wrongly, or a will that was never validly executed can all found a professional negligence claim to correct the mistake or recover your losses.

• Contesting a will — and defending estates against challenges
• Inheritance (Provision for Family and Dependants) Act 1975 claims
• Forged wills and probate fraud
• Claims against trustees, including removal and recovery of trust funds
• Disputes over property trusts and co-owned property
• Professional negligence claims over wills and estate-planning advice

This kind of litigation is inherently risky and can be expensive, so we are open and transparent about costs from the outset, review the economics of your case continuously, and press for early resolution through negotiation or mediation wherever possible. We will discuss the most suitable fee arrangement for your circumstances at your first meeting.