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 any documents and accounts relating to the trust.
If relevant, we may also gather medical evidence about the deceased, to understand their condition when they settled the trust. This would be particularly important in disputes over whether or not someone had mental capacity to settle a trust.
We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the trust was created.
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 executor and the other beneficiaries.
3. Court
Some disputes cannot be resolved by mediation. If this is the case, the matter will have to be settled in 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.
