With property wealth being more concentrated with older family members and family relationships becoming more complicated, Inheritance Act claims and Will disputes are on the increase. We work closely with our Private Client team to assist our clients in complex and emotionally difficult proceedings.
Working closely with our specialist Private Client Team, the DMH Stallard Family Team regularly provide assistance on complex trust and probate disputes.
These types of disputes are becoming increasingly common where property wealth has accrued and remained with senior family members. Where a surviving spouse or dependant former spouse, co-habitee or dependant children have not been adequately provided for, our Family Team can assist with resolving disputes, whether by court action or alternative dispute resolution.
We have advised Personal Representatives, Trustees and Claimants in respect of claims against estates under the Inheritance (Provision for Family and Dependants) Act 1975. We appreciate that such matters often involve very distressing family disputes and therefore we seek to ensure a fair and pragmatic resolution where possible. The courts expect a party to a dispute to act reasonably and to try to avoid the necessity of court proceedings.
However, where required we take a vigorous approach in defending or progressing claims for our clients. Where a Will has been made by an elderly or vulnerable individual, challenges may be appropriate where there is cause for concern over the validity of a Will, for example where there may have been undue influence exerted over the Testator. A Will can also be challenged where there appear to be technical defects. We have experience in successfully challenging the validity of Wills and have represented high profile family members in difficult claims.
The individual circumstances of our clients vary considerably, but all our clients expect and receive legal and tactical advice of the highest standards. For more information, please do not hesitate to contact us.