The loss of a loved one is always an emotional and difficult time. A time that becomes even more stressful when a Will is challenged and claims are made to share the estate.
Whenever a dispute regarding a loved one’s estate arises, it is important to seek early, specialist, legal advice.
Our expert team of Dispute Resolution solicitors appreciate that every circumstance is different. Our breadth of experience and sympathetic outlook means that we can look for creative and alternative ways to resolve disputes.
Our expert dispute resolution solicitors assist clients across the country, so you can benefit from our specialist services no matter where you live.
At Morrish Solicitors, we aim to provide tailored and supportive advice on all aspects of disputes that can arise involving Trusts, Wills and Estates.
Our services include:
Although these types of cases are often complex and upsetting for the parties involved, our specialist team has extensive experience in successfully resolving these disputes.
We recognise the importance of trying to preserve family relationships where they are affected by the dispute, and so place great importance on Alternative Dispute Resolution.
Our experienced solicitors will always recommend the use of mediation wherever possible. This will save you and your loved ones the stress, time and financial expense of litigating through the Court system.
In circumstances where you wish to dispute the amount left to you by a loved one, strict time limits apply. You have 6 months from the date of the grant of probate/letters of administration being issued in which to bring a claim.
If you wish to dispute a will for another other reason (for example, if you suspect undue influence) please seek advice as soon as possible, as it may be necessary to enter a caveat with the Probate Registry to prevent a grant of probate being issued.
It is therefore important to seek legal advice as soon as possible should you have any concerns about a loved one’s will.
If you suspect that the will has not been executed properly (for example it has been signed or witnessed incorrectly) this could give rise to the basis for a successful legal challenge and you should seek legal advice as soon as possible.
Unfortunately, it is sometimes the case that vulnerable people can be pressurised into writing a Will that doesn’t reflect their wishes. If a loved one has been subjected to what is legally known as “undue influence,” it may be possible to challenge the content of the Will.
A person’s legal capacity can be affected by a number of factors, such as illness, accident or dementia.
For a person to be considered legally capable of making a Will, they must be able to understand the nature and effect of the Will they are wishing to make. This can include what they own, how much their Estate is worth, and any potential claims of those who might rightly expect to benefit from the Will.
The failure to make or understand any of these decisions could lead to an individual being held to lack “testamentary capacity,” and the Will can be challenged.
The Will has failed to leave enough for someone that was financially dependent on the deceased.
In these cases, and where that person is able to demonstrate a financial reliance on the deceased, there may be a right to claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act protects the rights of those who have not been left with sufficient financial resources to get by.
The Inheritance Act sets out a range of factors that have to be taken into account when a claim is made by a dependent. What needs to be determined in these situations is what would be reasonable for their maintenance. In cases involving spouses or civil partners, the Courts can go further than what is necessary for the spouse or civil partner’s maintenance when making their award.
It is possible to bring a claim against a solicitor who is guilty of negligently drafting a Will.
A solicitor or a non-qualified Will writer owes a duty of care both to the person who is making the Will, but also to any potential beneficiaries. A failure to execute that duty can lead to a successful professional negligence claim.
Examples of negligent behaviour would be a failure to ensure that the Will was prepared in a timely fashion and before the testator dies; a failure to check for errors in the drafting of the Will that could render it invalid or mean it would be impossible to implement the deceased’s wishes; a failure to administer the estate in accordance with the law and in a proper fashion resulting in financial loss to the estate; and a failure to observe the necessary formalities, rendering the Will invalid.
Our friendly Dispute Resolution solicitors have years of experience dealing in disputed wills, probate and other related services.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solution to support your family’s wellbeing.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
In some cases, we are able to offer our services on a “no win, no fee” agreement, and in others we will seek to set an agreed budget with you from the outset.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
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The knowledge and negotiation skills were second to none. I have had previous cases with Morrish & Co and all have been handled with the same expertise. I have recommended Morrish & Co multiple times over the years.
Dispute Resolution Client, October 2021
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