Even with the best laid plans, you cannot always prevent disputes following the death of individual. There will sometimes be disagreements surrounding issues of inheritance, trusts, and even the validity of a Will.
Inheritance claims can be complex and require specialist advice. Swift action is often necessary; Thrings’ specialist team can take steps to protect your position, whether you are disappointed beneficiary, Executor, Trustee or other party involved in a dispute.
We understand that a claim of this nature can be emotional. We will guide you sensitively through the process of either bringing or responding to a claim, with the aim of resolving matters without the need to resort to litigation.
Our expert team can advise you the entire range of inheritance, Will and trust disputes including:
Challenges to a Will
A Will can be challenged on a number of grounds, including the Will not being properly executed; the testator not having the proper mental capacity; the testator being subject to undue influence; or fraud. Our team can advise if you consider that a Will could be challenged on one of these grounds or if you are a beneficiary of a Will which is being challenged.
Claims by disappointed beneficiaries
If you have been left insufficient or no financial provision on the death of a family member, we can advise and guide you through the process of bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if you are eligible to do so. Swift action is necessary in these sorts of claims, so you should take immediate advice from our team to protect your position. Our team can also advise Executors and beneficiaries in defending a claim of this nature.
Disputes with Executors
Our team can help where Executors are not performing their duties as they should be, by making an application to remove an Executor or bringing a claim for breach of Executors’ duties. We can also assist Executors if they are facing such claims.
We can advise trustees about their role and responsibilities. We can also assist beneficiaries in all aspects of trust disputes, for example: disputes about how a trust is being administered or allegations that a trustee has breached his duties.
Disputes about Lasting Powers or Enduring Powers of Attorney
We can assist in disputes about who has been appointed as an Attorney and can make objections to a proposed appointment on your behalf. We can also assist if there are allegations that an Attorney has not been carrying out his role correctly.
Professional negligence claims
We can advise you about taking action against a professional if you consider that a Will was negligently drafted, or if you are a beneficiary who considers that an estate has been mis-administered by professional executors.
For more information, please contact one of the team who will be happy to discuss your issue and objectives.