Will, Trusts & Estates Disputes

The executor of the estate or the solicitor of the person who died should be able to give you a copy of the Will. All Wills are eventually made public so it’s not restricted information, and everyone who inherits something from the Will is entitled to know that they’re a beneficiary.

When a Will is disputed, the solicitor or Will writer has a duty to make a copy of the Will and its relevant documents available from the outset. Getting a copy of the Will is the first step – it’s important to see it as soon as possible, to avoid missing any time limits on making a claim.

If you don’t know who the executor is, you can search at the probate registry for a copy of the grant of probate – this’ll have a copy of the Will attached. If a grant of probate hasn’t been issued yet, you can put in a request for a standing search, and you’ll be notified when the grant is issued.

You may be able to contest a Will if you feel that you’ve been unfairly left out or that the Will doesn’t provide enough for you. This includes:

• If you're named in the Will but received less than you expected
• If you were financially dependent on the deceased and haven’t received enough in the Will
• If you’ve been left out of the Will entirely
• If the deceased promised to give you something before they died, but didn’t
• If you're worried that the Will doesn’t accurately reflect the deceased’s wishes.

Whatever your concerns about your loved one’s Will, our specialist team can advise how best to put things right. 

The cost of a Will, trust, or estate dispute varies from case to case, depending on time, complexity, and whether you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case must go to court, the court will decide how the costs will be paid.

How can I cover the cost of my claim?

There are various ways you can cover the cost of your claim, depending on your case. These include:

• Legal Expenses Insurance
• Conditional Fee Agreement (‘No win no fee’)
• Payment on conclusion
• Private monthly billing
• Litigation loans and third-party funding.

We understand that some of your assets and funds may be tied up in estates. For this reason, we’ll always be flexible with how you fund legal fees.

Depending on the type of claim you’re making, you may need to start your claim within six months of the grant of representation being issued.

In all cases, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim.

We’ll be able to advise you on your situation and how we can help.