Pre-death agreements

If you’re claiming under the Inheritance Act, you'll have six months from when the grant of representation is issued. To claim later, you’d need to apply for the court’s permission.

If you’re claiming under Proprietary Estoppel, you can claim at any time – but a delay could be used as reason to dismiss your claim. The longer you wait also increases the risk of any property you’d been promised being sold or given to someone else.

If you’re claiming due to professional negligence, you have six years from the date you suffered the loss (or the date the person died). If you weren’t aware of the loss at the time, you’ll have three years from the date that you found out.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not 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 has to go to court, the court will decide how the costs will be paid.

Most disputes are resolved through alternative dispute resolution methods such as mediation without going to court.

Mediation is usually a quick process and often only takes a single day. A neutral third-party mediator will help you, the executor and any other beneficiaries to decide on a settlement that is acceptable for everyone.

They won’t comment on the facts of the case or any legal points. We try our best to resolve every dispute this way, but your claim may have to go to court if you can’t reach an agreement.

Our team will represent and advise you every step of the way, keeping you up to date with every development. With us representing you, you often won’t have to go to court yourself.