Dealing with a death in the family is never easy. This is made considerably more difficult when a dispute is involved. W. Davies will help to guide you through this difficult process, in the most cost-effective and sensitive way.

W. Davies regularly acts on behalf of estates, personal representatives, beneficiaries and others seeking to claim against the estate, trustees or other personal representatives.

W. Davies has a large non-contentious Probate & Private Client Department (contact Alexandra Milton on akm@wdavies.com) which often works closely with the Litigation Department in the resolution of disputes and has considerable expertise on how an estate should be run and the roles and responsibilities of the executors or administrators.

We can act in all areas of disputes, including:

Maladministration
When there is the suggestion of maladministration or fraud, W. Davies can advise and assist beneficiaries in what steps and action they could take against the personal representatives and the estate. If you are a beneficiary, we can help you to apply to remove executors and administrators under s.50 Administration of Justice Act 1985.

If you are an executor or an administrator and you find that you are in difficulty or simply wish to defend an action brought against you unjustly or unfairly, we can also advise and assist you.

Inheritance Act claims
Whether you are representing the estate or are a potential claimant, we can assist in respect of claims under the Inheritance (Provision for Family Dependants) Act 1975.

Invalid Wills
If you are a claimant or an executor, we can advise you in respect of claims challenging the validity of the Will. This can include challenges to the deceased’s mental capacity, or whether the Will was validly executed.

Trusts
Both Trustees appointed and beneficiaries under a trust can receive our help and guidance in respect of claims brought against the Trustees and other trusts claims.

Interpretation
We also act for either the estate or the beneficiaries in respect of disputes over what the provisions of a Will actually mean.

For more information about this please contact Andrew Cohen on aec@wdavies.com  or Caroline Bird on cab@wdavies.com