Dispute Resolution
Affordable Legal Help with a Team You Can Trust
Service Areas
Challenging a Will
If you have concerns about the last Will of a deceased, you can register a Caveat against the estate. This will prevent anyone from administering the estate whilst investigations are ongoing. Our team can assist you with this for a fixed fee of £300 plus VAT as well as the £20 Court fee for the application.
A Caveat is most commonly used under the following circumstances;
Mental Capacity
If you feel the deceased was not of sound mind to make the Will it can be challenged and set aside on this ground. Our team can assist with obtaining medical records and experts’ opinions on the deceased’s capacity.
Lack of knowledge and approval
A person must know and approve of the content of their Will. They must understand what they are signing. The Will is usually contested on this ground if the Will was prepared by one of the beneficiaries and then signed by the deceased. The deceased can be of sound mind and still not understand or approve what they have signed.
Lack of proper formalities
Under the Wills Act 1837 all Wills must follow certain formalities for them to be valid. They must be written, signed and witnessed correctly. Our team have successfully challenged homemade Wills and those drafted by professionals with no legal training due to them failing to follow the formalities.
Undue influence
If a person is coerced into making their Will this can be challenged. Undue influence can take many forms such as bullying, intimidation or even criticising a third party to cause someone to change their Will.
Forgery or fraud
If the signature on the Will is forged, then the Will can be set aside. We can appoint a handwriting expert who will provide a report on whether they agree that the signature has been forged or not.
A Will can also be contested on this ground if it was not signed in the presence of the Witnesses.
The Will can also be set aside if it has been tampered with. We as Solicitors ensure that our Wills are sealed to avoid the chance of anyone interfering with the Will once it has been signed however if someone does tamper with a Will this if forgery.
Rectification
Sometimes, clients’ wishes are not actually reflected in their Will. A clerical error such as the wrong name being inserted, or a paragraph being missed can cause upset for the beneficiaries. We can obtain the original Will file and then apply to the Court to fix any mistakes. Under these circumstances those responsible may have to pay the legal costs involved. Please see the information on Professional Negligence regarding this.
Inheritance Disputes
If you have been left inheritance but have concerns about how the Executors are handling the management of the estate, we can help you to resolve this. We can obtain a copy of the Will and provide you with advice and assistance to ensure you receive your entitlement. We can also apply to the Courts to remove an Executor who is not acting in the best interests of the estate and beneficiaries.
We are living in changing times; many people now choose to live together and not marry. Second marriages are also more frequent which can leave some children with no inheritance. Unfortunately, the law on intestacy is yet to catch up with modern day practices. If you are living with someone and are not married, you will not inherit anything unless they make a Will. This can cause severe financial hardship for some individuals. We can assist you by bringing a claim under the Inheritance (Provision for Family and Dependents) Act 1975. The act allows you to bring a claim if:
- You were financially dependent on the deceased
- Inadequate financial provision has been made for you by the deceased
- You fall into one of the specified categories of a claimant such as surviving spouse, civil partner, child or cohabitee.
Trust Disputes
When assets have been placed on Trust it can be a huge responsibility for the Trustees. Trusts must be managed very carefully in order to ensure that the beneficiaries’ interests are protected.
Managing trusts can result in trust property being transferred into the name of the trustees. This can sometimes lead to problems for the beneficiaries of a Trust. Many other problems can also arise from Trust management such as:
- Feuding beneficiaries
- Breach of Trust
- Issues relating to Trust administration
- Removal of trustees
Our team can help you navigate through Trust disputes. We also have experienced senior Solicitors who can be appointed as Trustees should you need to remove existing Trustees.
Financial Abuse Of The Elderly & Vulnerable
With the ageing population one of the ever-increasing risks is that those managing the affairs of the elderly and vulnerable are not acting in their best interests. Without a Power of Attorney in place an individual should not be managing the finances and bank account of anybody. Unfortunately, not all clients make Powers of Attorney. Sometimes those who do have already been the victims of financial abuse at the hand of those they trusted as their Deputies/Attorneys. We can assist you with applications to the Court of Protection to recover assets and protect you from any future abuse.
Taking responsibility for someone’s finances can be a huge task. It can also cause a fall out in the family. We can represent Attorneys and Deputies against any claims being made against them by disgruntled family members.
Professional Negligence
If you feel that the instructions given to a professional for their services have not been followed or they have failed to advise you on critical steps you may have a claim against them. The negligence can be a Solicitor not meeting deadlines which results in serious consequences to your case or a surveyor failing to report on a vital matter.
It is very important to get advice early on in these circumstances. These cases are sometimes dealt with very amicable as the professional should have insurance to cover their loss.
Company & Partnership Disputes
Going into business with someone can be a difficult situation, if there are only two of you what happens if you cannot agree. Who shares the losses and profits? Most of these questions will be adequately covered in a written Partnership Agreement however for those who have not entered into a Partnership Agreement they will be at the mercy of the Partnership Act 1890. Navigating legislation such as this can be very complex. Our team aim to use mediation to help you resolve your disputes. We also speak in a language you understand. We can simplify the legal jargon for you, so you know exactly where you stand.
Construction Disputes
Construction projects can be very complicated due the very nature of the work involved; the projects must be managed very carefully to ensure all those involved are able to complete their work on time.
We have successfully acted for major property developers in the Midlands and construction companies who have not been paid for their work due to the mishandling of projects. Our team will review any contracts in place and help you to find a resolution with the assistance of the Pre-Action Protocol for Construction and Engineering Disputes.