Are you dealing with a dispute involving a will, trust or estate and are not sure what to do? At Hugh James, we understand that dealing with such disputes can be incredibly stressful and challenging. Our team has over 20 years’ of specialist experience in helping clients to navigate will, trust and estate disputes.

Why do will and estates disputes occur?

A will is one of the most important documents which someone will make, because it deals with issues such as who inherits assets, who will care for any minor children, funeral wishes and who you trust to give effect to these directions.

Despite this, wills can be challenged in England & Wales, and estates will sometimes have to deal with legal claims, whether or not a will has been made. Claims involving wills and estates can occur for many reasons, including:

  • A lack of mental capacity by the will maker
  • Coercion by a third party
  • Fraud or forgery
  • Lack of knowledge and approval of the will
  • Failing to update wills as circumstances change (e.g. marriage/civil partnership or having children)
  • Incorrectly signing and witnessing a will
  • Dying without making a will
  • Failing to make reasonable financial provision for close relatives or financial dependants
  • Disputes between beneficiaries and executors
  • Poorly drafted or unclear wills.

If someone dies without a valid will, legislation called the Intestacy Rules then decides how their estate is distributed. These Rules do not deal with funerals or childcare arrangements, they may leave a spouse without sufficient inheritance, and they also do not make any provision for co-habiting couples who are not either married or in a civil partnership. This can often cause problems and increase the risk of a will dispute occurring.

So, if you’re facing a dispute involving a will, trust or estate, we’re here to help you to understand your legal rights and provide you with the support and expert advice that you need.

t: 023 8001 4377

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