Wills, Estates and Legacy Disputes
Our personal approach at KaurMaxwell: independent law firm, ensures that we are able to fully understand your needs, in an already sensitive situation.
There are occasions when familial disputes arise, and there is a breakdown of relationships and trust. This can make it difficult to organise or facilitate family matters and can cause significant stress and emotional angst. We are here to lessen your burden and navigate any dispute by taking away the stress. This will allow you to focus on your emotional needs at what would be a really difficult time for you.
Whether it is a contested will, a financial claim under the Inheritance Provisions Act, or a contested probate issue, we can assist in taking the lead in furthering your position with a view to resolving the dispute at hand. Our personal and bespoke approach ensures that we are able to fully understand your needs, in an already sensitive situation and create an environment that feels safe for you to share your instructions.
We value relationships and our expertise is built on maintaining positivity. In these difficult circumstances, our priority will always be you. We will always provide you with realistic advice in relation to your dispute, and/or continuous advice pursuant to the merits of any dispute. Our advice is tailored to your needs so that you are able to maintain relationships in these difficult circumstances. Our goal is to provide you with solutions to any familial dispute, in an attempt to rebuild your own relationships.
Whether you are a business or an individual, our team can tailor their advice specifically to you and your objectives. For businesses, we appreciate this may involve trust disputes and/or estate disputes. We will aim to resolve any estate disputes as efficiently as people so that trustees and/or beneficiaries are not put at a disadvantage as a result of any proceedings and/or dispute.
What is an estate dispute?
A dispute in the context of estates refers to disagreements or conflicts that arise during the probate process or the administration of a trust. These disagreements can be between beneficiaries, executors, trustees, or even external parties like charities.
What is probate?
Probate is the legal process of administering a deceased person's estate. This involves ensuring that all debts are paid off and that the remaining assets are distributed according to the deceased's will or, in the absence of a will, according to the law.
Understanding contentious probate
Contentious probate refers to disputes that arise during the probate process. These can be due to various reasons, such as doubts about the validity of a will, concerns about the executor's actions, or disputes between beneficiaries. Our contentious probate team at KaurMaxwell has extensive experience in handling such disputes, ensuring a fair resolution for all parties involved.
Common Issues in Estate Disputes
Challenging a will
There are several grounds on which a will can be challenged. This includes concerns about the testator's mental capacity, undue influence, or even potential fraud. If you believe a will doesn't reflect the true intentions of the deceased, our wills disputes solicitors can guide you through the process.
Inheritance disputes arise when beneficiaries or potential beneficiaries disagree on their entitlements under a will or trust. This can be due to unclear provisions in the will or disagreements on the interpretation of certain clauses.
Legacy disputes often involve charities that are named beneficiaries in a will. Sometimes, family members or other beneficiaries might dispute the amount or nature of the legacy left to a charity. Our team of dispute solicitors can assist in resolving these issues.
Contentious trust and probate
Trusts can also be a source of disputes, especially when there are concerns about the trustee's actions or the interpretation of the trust's terms. Our contentious trust and probate specialists can provide expert advice and representation in such cases.
Seeking Assistance from a Solicitor
Why you may need a solicitor
Navigating the complexities of estate disputes can be challenging. A solicitor can provide expert legal advice, represent your interests, and ensure that the dispute is resolved in the best way possible.
How solicitors can help in estate disputes
Our estate disputes team at KaurMaxwell can assist in various ways, from providing legal advice to representing clients in court proceedings. We aim to achieve the best outcome for our clients, whether through negotiation, mediation, or litigation.
Choosing the right solicitor
Selecting the right solicitor is crucial. At KaurMaxwell, our solicitors have a proven track record in resolving estate disputes. With our expertise in this area, you can be assured of receiving the best legal advice and representation.
Important Considerations in Estate Disputes
Act 1975: Provision for family and dependants
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to claim provision from an estate if they believe they haven't received reasonable financial provision. Our team can guide you on making or defending a claim under this act.
Changing executors and trustees
Sometimes, beneficiaries might have concerns about the actions or decisions of executors or trustees. In such cases, it might be possible to change or remove them. Our trust and estate disputes team can advise on this.
Potential costs and funding options
Estate disputes can be costly. However, at KaurMaxwell, we provide transparent pricing and various funding options to ensure that our clients can pursue their rights without financial strain.
Resolving Estate Disputes
Negotiation and settlement
Often, estate disputes can be resolved through negotiation and settlement without the need for court proceedings. Our team always aims for an amicable resolution, keeping the best interests of our clients in mind.
Litigation and court proceedings
If a dispute cannot be resolved amicably, it might be necessary to resort to litigation. Our dispute lawyers have extensive experience in representing clients in court, ensuring that their rights and interests are protected.
Why Choose KaurMaxwell for Continuous Probate Disputes Services?
- Expertise & Recognition: Our continuous probate experts are recognised leaders in their field, offering extensive knowledge in both UK and EU intellectual property law.
- Diverse & Comprehensive Expertise: The team at KaurMaxwell brings together diverse expertise in areas such as civil and commercial litigation, property law, employment, insolvency and restructuring law.
- International Network: We collaborate with a vast international network of patent and trademark agents to meet our clients’ registration requirements globally.
Frequently Asked Questions
What does "contentious" mean in relation to trust and probate?
"Contentious" refers to legal issues or disputes that arise in the domain of trust and probate. These disputes usually involve disagreements over the execution of a will, the distribution of assets, or the administration of an estate.
How can a solicitor help in contentious trust and probate matters?
A solicitor who specialises in contentious trust and probate matters can provide legal advice and representation to clients involved in disputes. They can assess the situation, guide you through the legal process, and advocate for your interests to achieve the best possible outcome.
What is the role of a trustee in trust and probate?
A trustee is a person or entity appointed to manage and administer a trust according to the terms outlined in the trust document. They have fiduciary duties to act in the best interests of the beneficiaries and ensure the assets are preserved and distributed as intended.
What is the role of a trustee in estate disputes?
A trustee is a person or entity appointed to manage and administer a trust on behalf of the beneficiaries. In estate disputes, trustees may be involved in resolving conflicts related to the distribution of assets, interpretation of trust terms, and other trust-related matters.
How does the Inheritance Act of 1975 come into play?
The Inheritance Act of 1975 allows certain individuals to make a claim against an estate if they believe they have not been adequately provided for in the will. Spouses, children, and other dependents may be eligible to make a claim under this legislation.
Can disputes in trust and probate be resolved through mediation?
Yes, disputes in trust and probate can be resolved through mediation. Mediation involves an impartial third party who facilitates negotiations between the parties involved. It can provide a more amicable and cost-effective alternative to going to court.
What is the role of the court of protection in trust and probate matters?
The Court of Protection is a specialised court in the UK that handles cases involving individuals who lack the mental capacity to make decisions for themselves. It can make decisions related to property, finances, and healthcare on behalf of those individuals.
How can a solicitor help with estate administration?
A solicitor can assist with estate administration by providing guidance on the legal requirements and responsibilities of executors or administrators. They can help with the collection and distribution of assets, payment of debts and taxes, and ensure the estate is administered in accordance with the law.
What does the title "Estate Dispute Experts" refer to?
The title "Estate Dispute Experts" refers to professionals who specialise in handling contentious probate, trust, and legacy matters.
Can the Estate Dispute Experts help with disputes involving wills and probate?
Yes, our team of contentious probate solicitors can help you with various types of disputes involving wills and probate, including will challenges, validity disputes, claims under the Inheritance Act 1975, and provision for family and dependants.
What are the common types of disputes handled by the Estate Dispute Experts?
The Estate Dispute Experts specialise in handling a wide range of contentious trust and probate disputes, including inheritance disputes, executor and trustee disputes, beneficiary disputes, disputes involving charities, professional negligence claims, wills disputes, and disputes related to estate administration and inheritance tax.
How can the Estate Dispute Experts help resolve disputes for charities?
The Estate Dispute Experts have experience in dealing with disputes involving charities, including charity legacy disputes. We can provide cost-effective and specialised legal advice to charities and assist in resolving conflicts related to charitable legacies and other charitable matters.
What is the role of alternative dispute resolution in estate disputes?
Alternative dispute resolution refers to methods of resolving disputes outside of traditional court proceedings. In estate disputes, alternative dispute resolution techniques such as mediation and negotiation can be used to reach mutually agreeable solutions and avoid lengthy litigation processes. Our contentious probate solicitors are experienced in utilising alternative dispute resolution methods to resolve disputes effectively.
What is the role of the Association of Contentious Trust and Probate Specialists?
The Association of Contentious Trust and Probate Specialists (ACTAPS) is a professional organisation that promotes expertise and excellence in the field of contentious trust and probate law. Membership in ACTAPS signifies a high level of knowledge and experience in handling disputes of this nature.
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