Linder Myers specialist disputed wills and probate team

Many people do not know that Linder Myers have created a Disputed Wills and Probate team, which includes litigation and trusts & estate specialists. The team act for trustees and executors, beneficiaries, potential beneficiaries and charities.

Disputed Wills and Probate can take many forms, including claims made against the estate or where someone is excluded from a Will. Unfortunately, the nature of these disputes means that emotions run high after bereavements, or possible family feuds. It is very important to try to deal with these disputes as amicably as possible so that family relationships are not strained any more than necessary. Alternative dispute resolution, particularly mediation, can often help clients achieve the best outcome in claims of this nature.

Often we are instructed by executors and trustees who have to deal with a claim or complaint against the estate or trust. As an executor or trustee you have certain obligations and responsibilities which you must carry out.

The role of executor or trustee is a difficult one. Whilst trying to act in the best interests of the beneficiaries or the trust, you may be leaving yourself open to personal liability and future problems. If a claim is brought against you personally it is important to deal with that issue head on, rather than try to forget it and “finish off” the estate. It may well be that there are good answers and explanations to satisfy the complainant.

The team also acts for numerous beneficiaries or disappointed beneficiaries (e.g. those who believe they should have benefited, but did not). Acting for both trustees and beneficiaries (in different matters) gives us greater insight into the claims and in trying to find a practical and acceptable solution.

In cases involving beneficiaries it can be that they have a complaint or claim against a trustee or executor, or they have been told nothing in relation to the estate administration, or they have been excluded from a Will.

Some of these issues can be heavily disputed and cause significant problems if they are not handled correctly, and quickly. For example, if you were dependant upon the deceased and they died without leaving you any financial provision, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975. But you will need to bring this claim within 6 months of the Grant of Probate. A claim of this type may not be highly disputed, as it could well be recognised that you are entitled to a portion or payment from the estate. However, you must make sure the correct procedure and law is followed.

There are numerous examples of claims and potential pitfalls in relation to Disputed Wills and Probate. Full details are on this website, however if you wish to speak to someone about Disputed Wills and Probate then please call Liz Kavanagh on 0161 837 6874.