Specialist advice and a sensitive approach
Practical solutions to difficult problems
Coping after the death of a friend or family member can of course be very difficult, and it is only made more distressing when there is a dispute over the estate.
There are various ways to challenge the validity of a Will after someone has died. For example, it may be alleged that the person making the Will did not really know and understand what they were doing or that they may have been pressured by someone else to write the Will in a certain way. Also, it may be that whoever prepared the Will failed to correctly record the person’s wishes or that the Will was incorrectly executed.
Another type of claim is where a person who died had either a financial or moral obligation which they failed to take into account in the Will. For example, inadequate provision may have been made for a spouse, partner or child, or there may have been promises made to benefit someone in a particular way which had then been ignored or forgotten.
Other disputes can arise as a result of the administration of the estate and may require a claim to be brought against the Personal Representatives (the people appointed to administer the estate), or against Trustees for a breach of trust.
Clear advice from our experts
Windeatts will provide you with clear advice from qualified lawyers who specialise in this area of law.
We will help you to find the best course of action and to gather the evidence to support or defend a claim. We will always provide information about the likely costs of any claim and help you to assess the financial viability of any proposed course
We provide our service with sensitivity but are resolute in obtaining the right outcome in very difficult circumstances. We advocate the use of alternative dispute resolution, if possible, to settle claims and avoid proceedings through the courts. Sometimes court proceedings cannot be avoided however and we are able to guide you through the process step by step.
If you would like to have a chat with us generally about this area of law or would like to discuss the possibility of making a claim, please call into the office or telephone and speak with our specialist Fiona Hughes. Fiona, one of our partners, is an expert in this area of law and will handle your case personally from beginning to end.
'View the PDF version (216Kb)'