Losing a loved one is a stressful and emotional time and disputes often arise between family members who feel they have been unfairly treated in an estate plan. Our specialist team can assist with challenging a will, including allegations of forgery, undue influence and lack of capacity to execute the will. In cases involving complex estates, with various assets and beneficiaries, our legal expertise is essential.
Our expert will dispute solicitors near me will listen to your concerns and explain the legal process clearly. They will then advise you of the best way forward, taking into account any costs which may be incurred.
In the majority of will dispute cases, we try to resolve matters outside of court. This is usually through mediation and negotiation between the parties. However, it is not always possible and some claims will progress to the next stage of litigation. This can take a long time and the cost of pursuing a claim is high.
The longer the case goes on, the higher the costs will be and it is therefore important to seek legal advice as early as possible. We will be able to advise you of the likely costs involved at each stage of the claim and offer a range of funding options to enable you to pursue your claim.
There are strict time limits in place for bringing a will dispute claim. It is vital that you seek legal advice as soon as possible, particularly if you have not yet been named as a beneficiary of the estate. If you are concerned that the will is not valid, we can assist in seeking steps to stop the administration of the estate and prevent distributions from being made until the claim has been resolved.
If a claim proceeds to trial, the standard order is that the losing party pays the winner’s reasonable costs. However, the courts have discretion and can make a different order in certain circumstances. For this reason, it is generally advisable to consider ‘After the Event Insurance’ with any solicitor you instruct to cover your opponent’s costs in the event that your claim is unsuccessful.
We can help with all types of will and trust disputes, and we are a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS). Our solicitors have extensive experience of contested probate and estate disputes and we are well equipped to deal with any challenge to an existing will.
Our team are highly regarded for our expertise in this area and we have an excellent reputation in this field. We have a broad client base from private individuals to large estates and we can provide the right legal expertise for every matter. We are able to handle cases in all of the Surrogate’s Courts in the New York Metropolitan area. Each case is allocated a solicitor and a trainee or paralegal to ensure that you have a point of contact at all times and that your case is properly managed and supervised.