Disputed Wills and Estates Solicitors
The days and weeks immediately following a death in the family can be times of intense personal emotion. It is the worst possible time to find oneself embroiled in a family dispute, whether as an executor of the estate or a potential claimant. We are experienced in dealing sensitively with the legal issues which arise if there is conflict over the effect or validity of the Will.
The sorts of dispute most usually encountered fall into two broad areas: firstly where there is reason to suspect the Will is not legally valid, and therefore the previous Will (or, if there is no previous Will, the Intestacy Rules) ought to take effect. An example might be where the person sadly no longer had the mental capacity to make a Will. Please Click Here to view our flowchart which gives some very basic guidance on how to identify whether there a will is defective.
The other main area where claims arise is where the Will does not make any provision for someone who needs to be supported: an example is where the Will benefits a named child but the person making the Will later remarried and had more children in the second marriage.
Although these two sorts of dispute are ones which we most commonly see, there are numerous other problems which can arise, such as confusion about what the words of the Will actually mean, or where the Will has not been correctly drawn up. Another area where difficulties occur is where it seems that family Trusts may not have been dealt with properly, or where there is concern that an Executor or Administrator is not carrying out their role correctly. We will be able to provide advice and guidance in all these cases.
We are committed to avoiding court action if at all possible and are experienced in facilitating settlement by a range of informal and formal techniques. If there is no alternative to a Court application, we will protect your position robustly. In many cases, however, a settlement meeting or formal mediation can produce an acceptable agreement without the high costs and uncertainty of a Court trial.
Our disputes solicitor Ursula Collie would be happy to advise on these issues. Please give us a call.
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A first class service. Eilish Ferry-Kennington was excellent.
We were very pleased with the attention and service we received from Ms Turnbull. She was friendly and professional.She listened to our requirements and explained the possible options clearly and in language we could understand. The will-writing and further consultation with us was timely and efficient. The outcome met our expectations and more, and we are very grateful for the assistance we received from Ms Turnbull.
Ursula spoke at great length with me offering advice all the way. She was a great help. Not many would have been as engaging, or helpful. Contacting a solicitor can be a daunting experience but Ursula was really friendly.
Hi Julia. Thank you so much for all your efforts to help me . I have to say this would not have happened without you! You are all an amazing team and I really feel you all care !! So thankful to pat for recommending you all , she’s such a lovely lady . Our house is beautiful and we are on cloud 9! And more to the point, I’m finally rid of that bully for good! I would highly recommend you and your team to anyone! Thanks a million! JW.
I would like to say a sincere thanks to Jemma and EMG for helping me through a difficult time with a long term tenant who, through ill health was unable to carry on paying the rent and has since moved on to long term care, via the court of protection.
If Jemma hadn’t become involved and guided me through the difficult procedures to recover the arrears and regain the possession, I think we may have been struggling through without resolution for many months or even years.
I would certainly recommend Jemma and EMG to others in this position as you get the feeling that they really do care about your problems, but also in a very professional manner too.
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“ Jemma – I just wanted you know how grateful I am for all your help and assistance at the tribunal, also your concern and caring manner you always have for us all.”
Thank you also for Richard, 100% agree with all your past clients, he so easy to work with, keeps you updated, fast and in general made the whole process (almost; as much as can be when buying a house ?) stress free!