Will Disputes

Disputing a Will during a time of bereavement can be a daunting prospect, especially considering the likely time, cost and additional upset involved. However, with our expert hand to guide you through to resolution, even the most challenging of disputes can be settled with speed and efficiency, securing a result that works for you.

At Heringtons, our Will disputes solicitors have decades of experience giving effective and trusted legal advice to those seeking support and guidance during the difficult time when a Will is disputed.

With all the necessary knowledge, skill and expertise needed, we can help you successfully navigate this complex area of law so you can secure the quickest and most cost-effective resolution to your Will dispute.

Our Contentious Probate department can help with all types of contentious probate matters, inheritance disputes or with contesting a Will. No matter what the nature of your Will dispute, whether you feel you have been unfairly left out of a Will, that the Will does not adequately provide for you or that you suspect the Will is invalid, we can find sensible solutions to settle even the most complicated and emotive disagreements.

Heringtons can assist with a variety of Will disputes, including:

  • Correcting mistakes in a Will
  • Disputes over improperly executed Wills
  • Disputes over the mental capacity of a testator
  • Disputes over undue influence on the deceased
  • Will fraud and forgery
  • Professional negligence claims against Will writers

Our decades of experience enable us to give you a rapid assessment and evaluation of your case, which helps determine the strength of your legal position or the validity of your claim. We can then advise you of your rights and options, recommending the best course of action and steps needed to achieve your desired outcome.

Our express aim is to assist you in resolving your dispute as quickly and inexpensively as possible, without resorting to the cost, stress and delay of court proceedings. Using our expertise in alternative dispute resolution and mediation, we can help you reach an amicable resolution and agreeable terms with efficiency, saving both sides time, money and any unnecessary additional conflict.  

We can offer flexible funding options to suit your circumstances, ensuring provision of top-quality legal expertise can be made available and affordable to all.

Get in touch with our Will disputes solicitors in East Sussex

For advice about resolving a Will dispute in BattleBexhill on SeaEastbourneHastings or Rye, please contact Richard Fisher or Make an Enquiry.

Our Will dispute resolution services

Correcting mistakes in a Will

Mistakes can and do happen. If a mistake has been made in respect of a Will, such as a clerical error or misspelling, our Will dispute lawyers will do their very best to rectify the situation and correct the mistake, at the soonest opportunity, before it can adversely affect anyone or lead to further problems.

Where mistakes are noticed during the estate administration process, for example, we can assist you with a correction by means of an application to court for either a Will variation, a Will rectification or a Will construction, depending on the particular circumstances and complexity of the mistake.

Disputes over improperly executed Wills

If a Will has not been executed correctly, it could lead to several problems during the probate and estate administration process, including the Will itself being declared invalid. We can advise and represent you in the circumstances where a dispute has arisen over a Will not being signed and witnessed properly, thereby rendering it void.

Disputes over the mental capacity of a testator

In order for a Will to be valid, a testator must be sound of mind and memory when they are making or altering their Will. They must have the mental capacity to understand what they are doing and what the consequences will be on their estate and for their beneficiaries.

We can help you with expert advice and representation where a Will was made or changed without the testator having testamentary capacity.

Disputes over undue influence on the deceased

We can help in the circumstances where a dispute has arisen because you suspect bullying or coercion has forced someone into suddenly or unexpectedly changing their Will to benefit another – therefore no longer reflects their true wishes.

Making a claim of undue influence can be hard to prove. As a complex area of the law, it requires careful consideration and expert analysis of the evidence to determine if this is the case. Our experienced Will dispute resolution lawyers have wide knowledge and experience in dealing with the difficulties and sensitivities involved in these types of claims.

Will fraud and forgery

If you suspect Will fraud or forgery has taken place, we can help you examine the evidence and evaluate the strength of a potential claim. Claims of fraud and forgery are serious allegations and difficult to prove without good evidence. If it’s your belief that a Will has been fraudulently signed or that the most recent copy of a Will has been deliberately destroyed, we can assist you in collecting and collating the types of evidence required to support your claim.

Professional negligence claims against Will writers

Professional negligence may have occurred when a Will writer makes a mistake that costs their clients and the beneficiaries. If you have been adversely affected by a mistake or bad advice, our experienced team of will dispute resolution solicitors can assist you with making a claim and with negotiations, mediation or representation in court.

Find out more about our full range of Dispute Resolution services.

How our Will disputes solicitors work

Our aim is always to help you find the shortest, quickest and most cost-effective resolution to your dispute. Often it is possible to achieve this end, avoiding the unnecessary delay and cost of contentious court proceedings. We will ensure you reach a prompt and amicable settlement to your dispute with expert advice on your range of options and the best course of action.

Our Will dispute solicitors can help with options including:

Clear advice on your legal position

Will disputes between family members during bereavement can become extremely complex and costly to resolve. Our expert team of Will dispute lawyers can advise you of your legal rights and position, so you have a clear understanding of where you stand and how best to proceed.  

A letter before action

A letter before action, drafted by our expert Will dispute lawyers, can be an effective method of resolving a Will dispute quickly without the need for any further action to be taken.

We have a proven track record of success in drafting effective letters before action that secure quick and fair settlements for our clients.

Alternative dispute resolution for Will disputes

Where you are having difficulty resolving matters but wish to avoid court proceedings, alternative dispute resolution (ADR) and mediation can provide the best method of negotiating a mutually agreeable settlement during a difficult time of bereavement.

Our Will disputes solicitors can offer expert guidance and support in constructive negotiations, giving advice and assistance on the non-confrontational approaches to amicable resolution - saving you time, money and unnecessary upset.

Court proceedings for Will disputes

We will always aim to resolve your Will dispute outside of court, where possible. In the circumstances where agreeable terms cannot be met, it may be necessary to take your Will dispute to court. If this is the case, our dedicated Wills team will assist you in the preparation of your case and represent you in court, giving you the best chance of a successful outcome.

Our Will dispute resolution fees

By working efficiently, we will ensure your costs are kept to a minimum. With a clear cost estimate from the start to regular updates at every stage of your case, you can be sure of your legal costs.

Fixed fee Will dispute resolution

Where possible, we can offer fixed fees for certain matters, such as drafting and issuing letters before action or providing representation at meetings. This means you can have clarity and confidence over the costs involved.

Hourly rates for our legal advice

Where ongoing legal support is needed, a competitive hourly rate is charged. With realistic cost estimates at the outset and regular cost updates on completed work, you can effectively manage and stay in control of your costs.

Get in touch with our Will dispute resolution solicitors in East Sussex

For advice about resolving a Will dispute, contact your local Heringtons office in BattleBexhill on SeaEastbourneHastings or Rye.

Or fill in our online enquiry form, and we will be in touch shortly.

 

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