Contentious Disputes over Wills Trusts and Estates
At Morrish & Co our Private Client department and Civil
Litigation department work closely together to provide specialist
and sympathetic advice in relation to all aspects of disputes
regarding trusts wills and estates.
We can provide assistance specifically in the following areas:-
-
Inheritance Act Claims (unreasonable or lack of
provision made under a Will or Intestacy in claims
against the deceaseds estate)
Click here to view a list of those
persons eligible to apply.
-
Validity of Wills (lack of testamentary (
mental ) capacity; want
of knowledge and approval; undue influence)
-
Disputed lifetime gifts (undue influence;
financial abuse)
-
Breach of Trust
-
Recovery of Property actions
-
Disputed Administration of Estate claims
-
Co-habitation (eg. Rights of persons who live
together)
-
Claims against professional advisors
(construction of Wills; Inheritance Tax or estate planning
issues; see also
Professional Negligence)
Due to the rise in levels of personal wealth and increasingly
diverse domestic situations, there has been a significant increase
in this area of litigation.
These cases are often complex and distressing for the parties
concerned. Our
specialist team has extensive experience in successfully resolving
these disputes.
Typical cases include:
Advising a Claimant in an
Inheritance (Provision for Family and Dependants) Act 1975
claim in the estate of her
deceased co-habitee where no will was left a spouse would inherit
but a cohabitee would not.
Advising a Claimant as to the validity of a lifetime
transfer of a family members property where the mental capacity of
the Donor (gift maker) was in question.
Advising a Claimant as to their interest in property
under a Constructive trust.
Eg. a cohabitee has been promised a property on the death
of their partner has helped pay the mortgage but receives nothing on
death
Advising in relation to
a will leaving all the deceaseds property to a friend and
carer to the exclusion of the family who alleged undue influence
TIME LIMITS
These can be as short as six months from the date of death so, do
not delay, seek immediate advice if you have a problem about which
you are concerned.
FUNDING
We have contacts with various different funders who may be able to
provide a funding solution to your claim.
For information please either telephone us on 0113 2450733 and ask to speak to Duncan Gardiner or email us at duncan.gardiner@morrishlaw.co.uk