Members have a detailed knowledge of the complexities of succession law and also, at least as importantly, an awareness of and an ability to deal sensitively with, the difficult emotional issues which often arise between family members in this area of law.
The team takes a pro-active approach to resolve these disputes as quickly and efficiently as possible, and take the view that mediation or other ADR process, informed by a comprehensive knowledge of the legal strengths and weaknesses of the case, is often the cheapest and speediest way to resolution.
Equally, the team has the skill and experience to advise on, and vigorously pursue, the clients’ best interests in court whenever litigation is appropriate.
Areas covered include
- Inheritance Act claims
- Disputed will claims, for example, claims involving allegations of fraud, undue influence, lack of capacity, or lack of knowledge and approval
- Claims involving allegations of constructive trust and/or proprietary estoppel
- Disputes involving the construction of a will
- Advising on entitlement under an intestacy
- Claims against Personal Representatives (for example an application to the court to remove a personal representative)
- Advising Personal Representatives on their powers and duties in the administration of an Estate
- Claims against professionals involved in the drafting of an inadequate will
- Applications to the court for directions in the administration of an estate
