Disputed Wills

The loss of a loved one is always a solemn and difficult time. When there is a dispute over the Estate, you need expert legal advice with a sympathetic approach to guide you to the most favourable result with minimum distress. At Morrish Solicitors we provide specialist, supportive advice on all aspects of disputes in Trusts, Wills and Estates.

Our services include :

• Inheritance Act claims (including unreasonable or lack of provision made under a Will or Intestacy, in claims against the deceased estate). Click here to view a list of those persons eligible to apply.
• Validity of Wills (concerning lack of mental capacity, knowledge and approval, or alleged undue influence)
• Disputed lifetime gifts (eg. undue influence, financial abuse)
• Breach of trust
• Recovery of property actions
• Disputed administration of estate claims
• Co-habitation (ie. the rights of people who live together)
• Claims against professional advisors (construction of Wills, Inheritance Tax or Estate Planning issues. See also Professional Negligence)

Due to the rise in levels of personal wealth and increasingly diverse domestic situations, there has been a significant increase in this area of litigation. These cases are often complex and distressing for the parties concerned. Our specialist team has extensive experience in successfully resolving these disputes. Some examples of such situations include:

• Advice on claims regarding the estate of a deceased co-habitee where no Will was left eg. when a spouse would inherit but a co-habitee would not (Inheritance Act 1975 - Provision for family and dependants)
• Advising a Claimant on the validity of a lifetime transfer of a family member’s property, where the mental capacity of the Donor making the gift was in question
• Advising a Claimant on their interest in property under a Constructive Trust, e.g. when a co-habitee has been promised the property on their partner’s death and has helped pay the mortgage but receives nothing.
• Advice on a Will which leaves all the deceased’s property to a friend or carer, to the exclusion of the family who suspect undue influence.

Time Limits

These can be as short as six months from the date of death so, do not delay. Seek immediate advice if you have a concern.

Funding

We can also advise on various organisations which may be able to provide a funding solution to your claim. For information please either telephone us on 0113 2450733 and ask to speak to Duncan Gardiner or email us at duncan.gardiner@morrishsolicitors.com