Validity of Wills

Contrary to many people’s understanding, Courts cannot set aside or vary the provisions of Wills simply because certain family members consider that they have not been treated fairly. If the Will is valid then the deceased person’s estate will have to be distributed in accordance with the terms of the Will. The question that frequently […]

The Protection of Elderly and Infirm Persons

We live in a society where regrettably vulnerable older people and other individuals become subject to unwarranted manipulation and interference in relation to both their personal care and welfare and their finances. Such problems are increasing because people are living longer and incidents of dementia and other forms of illness – mental and physical – […]

Claims for Reasonable Financial Provision from a Deceased Person’s Estate

If a Will is valid, then the deceased person’s estate will be distributed in accordance with the terms of their Will. This can lead to particular injustices. An example would be a husband who makes no, or inadequate, provision for his surviving wife, despite the fact that they had been married for many years. Parliament […]

Issues Arising During the Administration of an Estate

Even if the Will is valid numerous problems and issues can arise in relation to the administration of a deceased person’s estate. Examples of such issues/disputes are as follows: We would endeavour to sort out these disputes on a sensible and pragmatic basis. If this proves to be impossible, however, then we are able to make […]

Construction and Interpretation of Wills

Wills are not always as well drafted as they should be. The true meaning of the Will or various parts of the Will may be open to different interpretations. In such cases it may be necessary to enlist the assistance of the Court in order to determine how the provisions of the Will should take […]

Mediation in Wills Disputes

In our specialist area of contentious trust and probate work, we refer the majority of our cases to mediation. Mediation involves the parties through their lawyers appointing a trained mediator – very often a Barrister. A mediation day is fixed and the parties attend the mediation with their respective legal teams. The mediator cannot impose […]