Statutory Will Disputes

There are many reasons why a person in your life may no longer be able to manage their own financial affairs or make informed decisions about their personal welfare. Degenerative, physical and mental illnesses are just a few common factors.

In cases like this, it is often necessary to appoint a Deputy to be responsible for the vulnerable person's decisions about issues like healthcare, property and finance. Deputyship is usually given to a close family member or friend or to a professional and must be applied for through the Court of Protection.

We have a team of Court of Protection solicitors who can be appointed as Deputies or advise on the best way to manage a Statutory Will.

To make a valid Will you must have what is called ‘testamentary capacity’. This means you must have the mental capacity to understand your will-making decisions and their effects.

If a person lacks testamentary capacity, they can no longer make a Will or make changes to an existing one. This could have a damaging effect on the distribution of their estate, for example if:

• It’s divided up in a way they wouldn’t have wanted (especially under the rules of intestacy, which set out who inherits when someone dies without a valid Will)
• New legislation affects previous tax planning decisions
• There have been changes in circumstances – such as the marriage or death of a beneficiary or birth of a potential beneficiary which make the Will out of date.

Making a statutory Will allows loved ones to make a Will that reflects:

• What the person would do if they were able to make a Will themselves
• The person’s beliefs and personal values How the person has acted and made decisions for themselves in the past.

If you’re worried a statutory Will does not reflect this, or that a financial deputy is not making the right decisions, we can help.

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.

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. 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.

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.