Will and Inheritance Disputes

Coodes Solicitors / Personal Legal / Will and Inheritance Disputes

Will and Inheritance Disputes

Losing a beloved relative or friend is one of the hardest things a person can go through. With so many matters to sort out, from telling friends and family, to arranging the funeral, to dealing with Probate, it is understandable to feel overwhelmed and anxious. The grieving process is stressful enough without any additional issues. So, with emotions running high, it is common for disagreements between family members to quickly escalate into full-blown disputes.

At Coodes Solicitors, we know that legal disputes among family members have the potential to become lengthy, expensive and deeply upsetting. Everyone will have their own view of what is ‘fair’ and what the deceased’s final wishes were, particularly in modern times when the family structure is less likely to be ‘traditional’. Divorce, dissolution, remarriages, step-children and children with different partners are all very common nowadays.

Without the guidance and dispute resolution skills of a solicitor, even the closest of families can end up resenting each other. Arguments over inheritance, questions over the validity of the Will, and conflict over how the Estate is being handled are all reasons why you may need to seek legal advice.

We have a team of lawyers who specialise in Will and inheritance related disputes. We have handled hundreds of issues over the years, from straightforward intestacy cases (where someone dies without a Will) to high value Estates involving multiple properties and complex assets.

With offices in Truro, Newquay, St Austell, Falmouth, Penzance, Holsworthy, Launceston and Liskeard, we are conveniently located and easily accessible for people across Cornwall and West Devon.

How our contested Probate and disputed Will solicitors can help

Whether you need to bring or defend a claim, our goal is to help individuals work through the issues as peaceably as possible, using our strong negotiation skills to find a resolution that is in your best interests. We work efficiently, minimising the risk of tensions (and costs) escalating beyond control. With us on your side, you have the best possible chances of avoiding court proceedings, saving you time, expense and stress. However, should you need to take this further, we have a huge amount of experience pursuing these claims through the courts, right up to the Court of Appeal.

Our expertise includes:

Will disputes and challenges to the validity of a Will
Disputes arising out of intestacy – where someone dies without leaving a Will
Inheritance disputes – for example, claiming for financial provision where a loved one has died without leaving you enough to live on
Probate and Estate Administration disputes – for example, where the Executors (people responsible for sorting out the Estate) cannot agree on how to act
Specialist advice for elderly and vulnerable clients – our dedicated Elderly and Vulnerable Client Services team are particularly skilled at tailoring our advice for older people and can set out your options in plain, understandable English
Rural and agricultural Will and inheritance disputes – our expert Rural Services team have a unique understanding of the pressures and issues facing rural and farming families. We can provide a bespoke service tailored specifically to meet your needs
Professional negligence – such as negligently drafted Wills and negligently handled Estates (where the administration was handled by a professional such as a solicitor)
Fraudulent Wills – we have used handwriting experts to establish that a Will has been fraudulently constructed.

Our Personal Disputes team is headed up by Melanie Grose, a skilled solicitor with nearly 20 years of experience. Melanie is recognised by independent client guide, the Legal 500, as ‘an extremely competent lawyer’.

Melanie, along with others in our team, is a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and regularly handles disputed Wills, Executor and Trustee disputes, negligence cases, and inheritance claims.

Our approach to Will and inheritance disputes

We aim to approach Will and inheritance disputes practically but sensitively. We understand that your loved one was a unique individual who should be remembered and respected for who they were, not just for how much money they left behind.

It is likely you were very close to the person who has died or had a long history with them, even if the relationship was not as positive as you would have liked. We will keep your best interests at heart throughout your time with us. We will take all possible steps to keep the dispute civil and as non-combative as possible, including during any settlement discussions or court proceedings.

Get in touch with our Will and inheritance disputes solicitors in Cornwall and West Devon

To arrange an initial discussion with one of our disputed Will and contentious Probate solicitors, give us a call on 0800 328 3282 or fill in our simple online enquiry form and a member of our team will be in touch with you shortly.

We have local offices in Truro, Newquay, St Austell, Falmouth, Penzance, Holsworthy, Launceston and Liskeard where we are happy to meet with you to discuss your matter. We can also make alternative meeting arrangements, such as video call, phone call and email if this is more convenient for you.

Why choose our disputed Wills and contested Probate solicitors?

Our Contentious Trusts and Probate team is highly ranked by prestigious client guide, the Legal 500, for our leading expertise in this area.

Chambers and Partners has also independently recognised us as being one of the top Wills and Probate teams in the country.

Both the Legal 500 and Chambers and Partners have ranked us for our agriculture and rural affairs expertise.

Our team includes several members of the Association of Contentious Trusts and Probate Specialists (ACTAPS), including Melanie Grose who heads up our Personal Disputes team. Our other ACTAPS members include:

Colin Hunter – a partner in our team and Legal 500 recognised specialist for his contentious Trusts and Probate skills
Ben Sidgwick – an associate solicitor and recognised by the Legal 500 for his ‘outstanding’ work

Clare Duncan is studying to become a member of ACTAPS and specialises in all contentious Probate and Inheritance Act claims.

We often work closely with our Rural Services team to provide a bespoke dispute resolution service for Will and inheritance disputes in rural and farming families. Several of our team have been admitted to the Agricultural Law Association for their skills in this area, including Pam Johns (who heads up the Rural Services team), Sarah Cornish, Richard Pollock, Lisa Robinson and Kevin George.

We have a number of other professional memberships and accreditations for our skills, including the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly.

Disputed Wills

There are many reasons why you might suspect that someone’s Will should be challenged, such as:

It was not executed properly – for example, because it was not witnessed or signed by the Testator (the person who made the Will)
The Testator was forced, coerced or pressured into making the Will – this is called ‘undue influence’
The Will was made through fraud or forgery – for example, someone made the Will pretending to be the Testator
The Testator lacked capacity to make a Will – for example, they had an illness such as Alzheimer’s
You think the Testator made a later Will that invalidates the one currently being used
The Will does not reflect the Testator’s true wishes and they did not know or approve of the Will’s contents – for example, the person writing the Will for the Testator wrote their wishes down wrong
The Will is ambiguous or unclear about the Testator’s true wishes

You may also want to challenge a Will if you think your inheritance is not sufficient or you were left out of someone’s Will. For further information, see our ‘Inheritance Act claims’ section below.

Speaking up about the possibility of an invalid Will can be daunting, but we can provide clear advice about whether it is worth pursuing the issue and the benefits you could gain.

Intestacy disputes

Where a person has died without leaving a Will or they left an invalid Will, it can be very confusing and worrying for their family. Instead of the deceased’s wishes determining how the Estate should be distributed, it is a law called the Rules of Intestacy that will decide. This is regardless of the family’s personal circumstances, what the deceased may have promised certain individuals or what they would have actually wanted.

Here are some of the common intestacy related problems that we can assist with:

Who should administer the Estate – the deceased’s next of kin are entitled to apply to become Administrators on a first-come-first-served basis
How the Administrators are dealing with the Estate
Unmarried partners who have not been provided for – the Rules of Intestacy state that only spouses and civil partners can inherit
Children or step-children who have not been provided for – children may inherit under the Rules of Intestacy but usually only if the Estate is over a certain amount. Step-children cannot inherit anything
Estranged family members who have inherited the Estate – for example, an estranged spouse to whom the deceased was still married but separated from when they died
Funeral disputes – we also handle many disputes involving who manages and decides on the format of the funeral
DNA testing – we deal with many disputes where the relationship to the deceased is in dispute.

Contested Probate and Estate Administration disputes

We can provide expert advice and guidance in relation to a broad range of contested Probate and Estate Administration disputes, including:

Disputes over the way Executors or Administrators are administering the Estate
Allegations of fraud or mismanagement of an Estate
Applications to prevent the Grant of Probate or Grant of Letters of Administration (referred to as ‘Caveats’)
Disputes over the valuation of an Estate
Applications to remove Executors
Applications to court for directions on how to administer the Estate
Disputes between Executors/Administrators and the Beneficiaries
Disputes between Beneficiaries
Disputes between Trustees

Probate is a complex process so having a lawyer who specialises in this area of law is essential. We also have lawyers who primarily deal with non-contentious Probate and Estate Administration as well as disputed Probate. We use this expert frame of reference to recognise where issues might arise and take steps to constructively resolve them before they spiral out of control.

Inheritance Act claims

If your relative has died without properly providing for you under their Will (or they did not leave a Will at all), we may be able to help you make a claim for ‘reasonable financial provision’ under a law called the Inheritance Act (Provision for Family and Dependants) Act 1975.

Only certain people can claim an inheritance and the requirements are very strict. However, if you have been left struggling or disappointed after a loved one’s promises were not reflected in their Will, it is always worth seeking advice about making a claim.

We will be open and honest about your prospects for making a successful inheritance claim as well as handling the entire process on your behalf.

To be able to make an inheritance claim, you need to start proceedings within six months of the Grant of Probate being issued so get in touch as soon as possible for expert advice.

Professional negligence

Professionals, whether they be a solicitor, accountant, or financial advisor, owe you a duty to give you reliable advice and not cause you loss. We can provide advice in relation to a wide range of professional negligence claims relating to Wills and Probate, including:

If you have been left out of a poorly written Will
The Will was poorly executed – for example, it was not witnessed properly
Other Will issues – for example, a solicitor failed to notice that a Testator was being forced to make a Will or that they lacked the capacity to make a Will
Negligent Probate advice – for example, an independent financial advisor gave you bad advice over the value of the Estate
Negligent tax advice – for example, a tax advisor gave the deceased incorrect tax advice, or a solicitor failed to file an Inheritance Tax return with HMRC
Negligent claims and litigation advice – for example, a solicitor did not handle your inheritance claim correctly

We understand that it is incredibly frustrating to be let down by the very professionals you instructed to help you. We can promise you clear, reliable advice and will take all possible steps to put the matter right. Our team are highly motivated and top ranked by independent client directory, Chambers and Partners, for our Wills and Probate work.

Rural and agricultural Will and inheritance disputes

Our Wills and Probate solicitors often work in close partnership with our dedicated Rural Services team to provide advice specifically tailored to the needs of agricultural and rural families across Cornwall and West Devon.

Farming and rural Will and inheritance disputes are often complicated and emotional. Family ties often run deeply and broken promises or the unexpected consequences of someone’s succession plan can sometimes result in lengthy and expensive litigation.

Many of our team are members of the Agricultural Law Association as well as a number of Wills and Probate related accreditations and memberships such as the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trusts and Probate Specialists (ACTAPS). We can provide the advice and support you need to resolve your agricultural inheritance dispute as positively as possible.

Get in touch with our Will and inheritance disputes solicitors in Cornwall and West Devon

We have local offices in Truro, Newquay, St Austell, Falmouth, Penzance, Holsworthy, Launceston and Liskeard where we are happy to meet with you to discuss your matter. We can also arrange alternative meeting arrangements, such as video call, phone call and email if this is more convenient for you.

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I am extremely grateful not just for the superb work you did for my mother but also for the kindness and understanding you showed her in the process, which she truly needed!

coodes personal disputes - department manager

Melanie Grose

Department Manager, Partner

Contact

melanie.grose@coodes.co.uk

01872 246227

MEET THE TEAM