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Disputed Wills, Trusts, Probate and Powers of Attorney
When a will is ambiguous, unfair or you believe it contains mistakes, these are serious problems that cannot be ignored and you should seek urgent legal advice.
At CWJ we understand that the dynamics involved invariably require skillful and sensitive management. It is all too easy for parties to become entrenched in their positions, with often calamitous results in terms of financial and human cost. That is why we believe it is essential to obtain specialist advice as soon as the possibility of a dispute becomes apparent.
Whether you feel you wish to challenge the validity of a will or you feel you have been unfairly left out of a Will, not been adequately provided for, or you are acting as an executor and somebody else is contesting the Will, our specialist lawyers can help.
We advise beneficiaries, trustees, executors and or administrators or charities who find themselves involved in disputes or litigation when wills or probate arrangements are being challenged, no matter how complicated they seem. We have members of the Law Society Probate Section, the Society of Estate Practitioners and the Association Contentious Trust and Probate Specialists on hand to assist.
Here are some common examples of where we can help:
- Will challenges: Lack of intention, capacity, execution, or knowledge and approval; undue influence; fraud/ forgery; revocation.
- Grant of Probate stage: preventing or facilitating Grants; resolving disputes between prospective Executors; obtaining limited Grants pending determination of disputes; subpoenas to establish existence/ content of wills; Application of the Intestacy Rules
- Claims against the Estate: Proprietary estoppel; constructive/ secret trusts; claims under the Inheritance (Provision for Family and Dependents) Act 1975, if you have been left out of a will.
- Court of Protection: disputed EPA/ LPA registration applications; disputed Deputyship applications; disputes over conduct of financial affairs; removal/ replacement of Attorneys and Deputies.
Why choose CWJ?
We firmly believe that specialist legal issues require specialist solicitors. CWJ have years of experience in handling complex and demanding probate and Court of Protection disputes. We have a specialist team devoted to this practice area which boasts capabilities rarely seen outside of a large London practices, at a fraction of the cost.
When a member of your close family, or loved one passes away it is obviously a distressing time. Sometimes this can be further exacerbated by a dispute arising in respect of the Estate of the deceased. Disputed probate matters can come in various guises and forms, whether it be a person disputing the validity of the will itself, some concerns over the appointment or conduct of a named Executor or in some cases a dispute arising when a person has been left nothing at all in the Will.
Each case is different and the options available to you will inevitably depend on the individual facts of each matter. However, we have set out some very brief case studies below which give an idea of types of disputes which may arise.