Most disputes are resolved through alternative dispute resolution methods such as mediation without going to court.
Mediation is usually a quick process and often only takes a single day. A neutral third party mediator will help you, the executor and any other beneficiaries to decide on a settlement that is acceptable for everyone. They won’t comment on the facts of the case or any legal points.
We try our best to resolve every dispute this way but your claim may have to go to court if you can’t reach an agreement.
Our team will represent and advise you every step of the way, keeping you up to date with every development. With us representing you, you often won’t have to go to court yourself.
The amount of time you have to claim depends on what kind of claim you are making.
If you were financially dependent on the deceased and they failed to sufficiently provide for you in their will, you can claim under the Inheritance Act 1975.
You'll have six months from the date that the Probate Service issues a grant of representation. You need to apply for permission from the court to claim any later than this. It’s important to get in touch as soon as possible so we can help make sure that you are allowed to pursue your claim. See our Inheritance Act page for more information.
If you've already suffered a financial loss because you expected to receive certain assets, you can claim in Proprietary Estoppel.
You can claim at any time but a delay could be used as reason to dismiss your claim. The longer you wait also increases the risk of the property you had been promised being sold or given away to someone else. This means it’s important to begin your claim as quickly as possible. See our Proprietary Estoppel page to find out more.
If the pre-death agreement was missing from the deceased’s will due to mistakes made by their will-writer or lawyer, you can claim for professional negligence.
You have six years from the date that you suffered the loss, which is normally the date of death of the deceased. If you weren’t aware of the loss at the time, you have three years from the date that you found out. See our Professional Negligence page for more details.
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 and amicably 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.
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.
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