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JMW’s team of experienced advisors provides expert legal advice to parties involved in disputes concerning wills, trusts and inheritances. We know that disputes of this nature are often lengthy and complex, and are usually highly emotive due to the relationships between the parties involved.
We recognise this and so handle matters with compassion, skill and care. We will provide you with clear advice, support and guidance throughout the duration of your dispute.
Our team is renowned for our professionalism, knowledge and expertise and works closely with our colleagues in our Wills, Trusts and Estate Planning and Court of Protection departments to ensure that we provide you with specialist advice tailored to your specific circumstances, including a variety of funding options.
Who Do We Act For?
Whether you’re an executor or trustee, a beneficiary, or someone who feels they’ve not been provided for either within a will or in a trust, we can help you.
We are experienced at bringing and defending claims on behalf of individuals, families and professionals, and also offer advice to charities where they are beneficiaries within a will or trust.
How Can We Assist?
For more information on the various areas where we can offer advice on, please click on the links below:
- Contesting Validity of Wills
- Inheritance Act Disputes (Left Out of a Will)
- Will Rectification and Lost or Destroyed Wills
- Promise Not Honoured in a Will
- Protecting Charitable Legacies
- Executor or Trustee Disputes
- Attorney or Deputy Investigations
Making a Claim Against An Estate
How your case is funded will vary depending on the type of claim you are bringing or defending. If your claim is successful, in most cases you will be able to recover your costs from the unsuccessful party or from the estate or trust.
We can consider the following funding arrangements:
- No win, no fee agreement
- Damages based agreement (DBA)
- Probate litigation funding
We also have good relationships with third-party funding providers who may be able to fund a claim on your behalf.
Costs are one of the major concerns of parties when bringing or defending litigation in this area. Examples of the types of costs orders that can be made by a judge are detailed here.
If you have an enquiry, please contact a member of the team who will be happy to discuss the funding options available to you once they have details of your enquiry.
- Will dispute where deceased left a £1 million estate to their hairdresser
- Inheritance dispute where deceased made a will leaving everything to his children from his marriage, then formed a new relationship but did not update his will to account for his new partner and the minor children he had together with her
- Matter where executor had taken thousands of pounds from the deceased’s accounts which required recovery
Infographic - MoJ data on inheritance disputes: our analysis
In September 2018, the Ministry of Justice released data on will dispute cases across the country. We've analysed the data to identify trends in how Britons are contesting wills and how these may impact future cases
Click here to look at our infographic.
Why Choose JMW?
JMW is an expert in this area of law and their solicitors’ expertise includes professional accreditation through the Association of Contentious Trusts and Probate Specialists (ACTAPS) and affiliate membership of the Society of Trusts and Estate Practitioners (STEP), including membership of the Special Interest Group for Contentious Trusts and Estates.