Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:
1. Investigation
We’ll examine the Will and any related documents (this might be property deeds, trust accounts, previous Wills made by the deceased).
If relevant, we may also gather medical evidence about the deceased, to understand their condition when they made the Will. This would be particularly important in disputes over whether or not someone had mental capacity to make a Will.
We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the Will was drawn up.
These investigations will help us confirm whether you can make a claim, and what type of claim it will be.
2. Mediation
Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.
Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the other parties.
3. Court
Some disputes cannot be resolved by reaching an agreed settlement. If this is the case, the matter will have to be decided by a court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.
Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.
Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.
Some disputes can be resolved quickly in a matter of months, but others might take years to conclude and involve going to court several times.
We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.
The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.
A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.
There are various ways you can cover the cost of your claim, depending on your case. These include:
- Legal Expenses Insurance
- Conditional Fee Agreement (‘No Win No Fee’)
- Payment on conclusion
- Private monthly billing
- Litigation loans and third party funding.
We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.
We understand that the death of a loved one can be a distressing and difficult time, and we’ll do everything we can to make sure your claim is as stress-free as possible.
We’re happy to meet with you at one of our offices – or if you prefer, we can deal with everything by phone or email. We can also come and meet you at a place that’s convenient for you.
We have clients across the country and will always strive to make everything as convenient for you as possible.
Our Wills, Trusts and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high net worth and ultra high net worth claims as well as less complex ones.
We’ve resolved some of the country’s most high profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.
We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.
Meet the team
