resolving claims against the deceased's estate
Wills & Probate
Apart from the sad loss of the deceased, death often brings a variety of financial problems; and sometimes an unexpected, unpleasant surprise which may cause great distress and upset within the family. Whether your problem, as personal representative, beneficiary or family member, is:
- the correct interpretation of a clause in a Will
- lack of testamentary capacity
- fraud, forgery or undue influence
- want of knowledge and approval
- claimed but previously unknown relationships
- disputes with residuary beneficiaries (e.g. charities)
- variation of the will trusts
- questions arising in the administration of the estate
- identification of the deceased's assets – whether subject to a trust or otherwise
- obtaining the court's approval to the winding up of Lloyds members' estates
- challenging the reasonableness of provision made by Will or upon intestacy under the Inheritance (Provision for Family & Dependants) Act 1975;
we can provide a detached, analytical but sympathetic assessment of the issues and advise on the best available remedies, including negotiating with other family members, the drafting of proceedings and representation in the Chancery or Family Divisions or (if appropriate) in the local County Court.
Mental Capacity Act
The financial affairs of those believed to lack mental capacity can often provoke similar grounds of dispute between suspicious family members, and certain members of the team are able to advise and assist with proceedings before the Court of Protection.
