since 1909

Search

 

Litigation & Disputes

Wills & Probate Disputes

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 Wills, Trusts & Probate Department (contact Lisa Fay at lf@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 properly and the roles and responsibilities of the executors or administrators.

We 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 Dependents) 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 and beneficiaries under a Trust can receive our help and guidance in respect of claims against the Trustees and other trust issues.

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 or to make an appointment with a solicitor in Woking, please contact Caroline Batko at cab@wdavies.com, Mark Williams at mw@wdavies.com or Andrew Cohen at aec@wdavies.com .