Disappointed Beneficiary of a Will Claims

We will always try to keep your dispute out of court wherever possible. Our team includes highly skilled mediators and we will try to help you, the executor and the other beneficiaries reach an agreement before making a formal claim.

If an agreement isn’t possible and you do need to make a formal claim.

We will need to prove that the deceased’s current Will is defective due to mistakes made by the Will writer or bad advice from a solicitor. This is known as professional negligence.

If we successfully challenge the validity of the Will, the deceased’s estate may be distributed in accordance with an earlier Will instead. If there is no earlier Will, the estate will be distributed in line with the rules of intestacy – find out more about what that means on our Probate Disputes when there is No Will page.

Depending on the type of claim you’re making, you may need to start your claim within six months of the grant of representation being issued.

In all cases, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim. We’ll be able to advise you on your situation and how we can help.

Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation or negotiation.

However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

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.

How can I cover the cost of my claim?

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.

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.