LITIGATION

In recent years there has been a significant increase in disputes over the estate of someone who has passed away whether they have made a Will or not.

Below are some examples of typical disputes.

1. Challenges over the validity of a Will or Codicil – It may be argued that the Will was not signed or witnessed correctly; that the deceased person did not have the mental capacity to make a valid Will; that they were being coerced, did not know or approve of the contents, or that there is in fact a later valid Will in existence. There are also incidents where fraud is involved and the Will has been forged.

2. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 – This allows the court to exercise discretion and award reasonable financial provision out of a deceased’s estate, e.g. (“estranged daughter gets a share of mother’s estate”). The Act applies whether or not there is a valid Will in existence.

3. Disputes over the administration or distribution of a deceased’s estate – Sometimes those appointed refuse to organise the estate, do it wrongly, take too much time, or seek to use assets and money for their own purposes.

4. Clarification – Sometimes a Will is valid but contains a mistake or a provision is not understood. In certain circumstances a court will allow a Will to be rectified or seek to determine the exact meaning of a clause or gift.

5. Costs – There are often disputes over the costs incurred by those administering the estate, the trustees appointed, or the lawyers assisting them. It may be possible to apply to the court to reduce those costs. Trustees may fail to properly administer a trust or cause the trust fund to suffer loss and it may be possible to recover those losses.

6. Roles – Replacing executors or trustees who fail to take up their duties or deal with their duties adequately.

When you are owed a sum of money, it is not easy to recover the debt and you may not be sure where to turn. The task of chasing the payment can be frustrating and tiresome, and you may become involved in a dispute.

We are experienced in dealing with debt recovery matters for individuals and for businesses.

We deal with a range of debt recovery matters , including but not limited to:

• Defending actions
• Serving statutory demands
• Issuing winding up petitions
• Issuing bankruptcy petition
• Dealing with pre-litigation processes to encourage early payment, including letters before action
• Enforcing judgments

Please click here for more information on our debt recovery fees.

Our Landlord and Tenant Solicitors are skilled at dealing with most contentious aspects of Landlord and Tenant Law.

Disputes between Landlords and Tenants can be time consuming and disruptive for a business.

 We take a pragmatic and commercial approach and will negotiate on your behalf to reach a speedy, satisfactory solution to the dispute.

We are experienced in acting for Landlords who find themselves faced with a Tenant problem.

The Tenant may have failed to pay their rent or has breached the terms of the Tenancy agreement in someway. Whatever the circumstances, we can advise you on the fastest way to regain possession of your property, and take urgent action if needed.

We also deal with squatter claims where urgent action is needed to remove squatters.

In most circumstances, we are able to do all of the work involved on a fixed fee basis.

Sometimes things go wrong with professionals that you have entrusted with your work whether they be Architects, Accountants or Solicitors. We are here to help. 

 We have an extensive track record of successful claims for professional negligence i.e. where mistakes have cost clients loss.  We aim to resolve such problems quickly and target early correspondence with the indemnity insurers to the culpable professional(s).

We can tailor funding to suit your needs which includes no win no fee work.