WILL & TRUST DISPUTES
At L.A.M Solicitors we are able to advise clients on all aspects of will and trusts disputes, from contesting the validity of a will to the removal of trustees.

These types of dispute typically arise in the immediate aftermath of a person dying, not least because the death of a loved one can call into question the future financial security of various different family members.

For those of you that find yourselves in the unfortunate position of having to contest or defend a will, we can help you to safely navigate the pitfalls of contentious probate litigation during this incredibly difficult time.

If, on the other hand, you have concerns over the appointment of personal representatives, or you feel that insufficient financial provision has been made for you as a beneficiary or family member, we can advise you on what course of action can be taken.

How we can help you

At L.A.M Solicitors we can provide tailored advice to suit your particular set of circumstances, approaching each case with the sensitivity and understanding required in the context of bereavements or family disputes.

There can be many complicating factors in these types of claims, but we will take the time to understand the factual intricacies and emotional dynamics of your dispute. We will also ensure that you, in turn, fully understand the legal and practical implications of bringing or defending an inheritance claim.

With the benefit of our expertise, we will help you to achieve the best possible outcome to your case, either through amicable resolution or representation in the county or high court.

Our will and trusts dispute services include:

  • Contesting or defending a will
  • Inheritance Act claims
  • Estate administration disputes
  • Trust administration disputes

For expert professional help on all aspects of will and trusts disputes, please call L.A.M Solicitors on 01621 856683 or email us at leanne@lamsolicitors.com.

Contesting or defending a will

Following the death of a loved one, it is not uncommon for disputes to arise between family members as to the terms of the deceased’s will, and for the validity of that will to come under close scrutiny.

A will can be challenged through the courts on various different grounds, from technical arguments as to whether the will was properly executed, to more substantive arguments, such as whether the deceased lacked the testamentary capacity to make the will in the first place.

Needless to say, the question of validity can give rise to a whole raft of problems as to how the estate should be administered and who should inherit, for example, under the provisions of any previous will or strictly in accordance with the rules of intestacy.

At L.A.M Solicitors we can advise you on the merits of contesting or defending a will, and the important steps that you can take in the early stages of a dispute to protect your position, whether this be in your capacity as an executor or as a potential beneficiary.

Inheritance Act claims

It will often come as a complete shock to a close family member if they are to inherit far less than they anticipated under the terms of a deceased’s will, or even worse, they have been completely cut out.

It is also not uncommon for a person to die intestate, i.e.; without leaving any will at all, in the mistaken belief that their loved ones will automatically inherit.

Unfortunately, the rules of intestacy are strict and do not make financial provision, for example, for the unmarried partner of the deceased.

However, under the provisions of the Inheritance (Provision for Family and Dependants) Act 1975, it is possible for certain family members, for whom only limited or no provision has otherwise been made, to make a claim against a deceased’s estate. This not only includes spouses and civil partners, but cohabiting partners and financially dependent adult children.

At L.A.M Solicitors we can advise on the merits of bringing or defending an Inheritance Act claim, having regard to various factors including the size of the deceased’s estate and the extent of any competing claims.

Estate administration disputes

In addition to disputes about a deceased’s will, other issues can also arise in relation to the administration of the deceased’s estate, from a disagreement over the value of assets to dealing with difficult executors.

At L.A.M Solicitors we can assist beneficiaries who have concerns about the conduct of executors or personal representatives in administering the deceased’s estate, either in accordance with the terms of the will or under the rules of intestacy.

Applications can be made to substitute and remove those responsible for administering the deceased’s estate at any stage. We can also advise on what action can be taken against beneficiaries themselves, for example, where assets have been retained or removed by a beneficiary.

Trust administration disputes

A trust is a legal entity in which money or assets are placed in the trust by the settlor and managed on behalf of the beneficiaries by appointed trustees. A trust can take effect either during the settlor’s lifetime or on death.

In either case, the trustees can be granted a considerable amount of discretion as to how to manage and administer a trust fund that, in turn, can very often lead to disagreements with the intended beneficiaries.

At L.A.M Solicitors we can provide advice in relation to a range of trusts disputes, helping to ensure that the interests of the beneficiaries are properly protected and that trust assets are secured. This can include the removal of trustees, for example, where they have acted contrary to the terms of the trust deed, as well as claims for money from a trust fund made by a beneficiary.

For expert professional help on all aspects of will and trusts disputes, please call L.A.M Solicitors on 01621 856683 or email us at leanne@lamsolicitors.com.

Other services

Contact Info

Heybridge Business Centre,
110 The Causeway,
Maldon
Essex
CM9 4ND

Phone number:

01621 856683

Email

leanne@lamsolicitors.com

Business hours

Monday: 9AM - 5PM
Tuesday: 9AM - 5PM
Wednesday: 9AM - 5PM
Thursday: 9AM - 5PM
Friday: 9AM - 5PM
Sat - Sun: CLOSED
Bank Holidays: CLOSED

Leanne Allcock-Mead Solicitors is a limited liability company, registered in England and Wales with registration number 11669444 whose registered office is SF 4 The Heybridge Business Centre, 110 The Causeway, Heybridge, Maldon, Essex CM9 4ND. A list of the Directors of Leanne Allcock-Mead Solicitors is available for inspection at the registered office.

Leanne Allcock-Mead Solicitors is authorised and regulated by the Solicitors Regulation Authority under No. 655649.