Recent will disputes cases won by our team

Our specialist will disputes team understand that any dispute of this type can be extremely upsetting and emotional for those involved. The team identifies the most appropriate response including, where necessary, court proceedings and deal with matters in a sensitive and straightforward way.

Case 1

Following the death of their son, our clients became involved in a dispute with the deceased’s wife regarding monies paid towards a granny annexe built at the deceased’s property in 2002. Arguments involved whether our clients had an interest in the property due to the monies paid or whether they were a gift. Following mediation, our clients recovered all of their monies.

Case 2

Our clients being the deceased’s children successfully challenged the validity of a document purporting to be the deceased’s last will. This document was written in English when the deceased only understood Punjabi. No evidence was produced that the will had been translated into the deceased’s native tongue. In addition the deceased was on heavy medication at the time the document was executed. Our clients successfully recovered £120,000 from the estate after it was accepted that the above will was not valid.

Case 3

We acted for the executor of an estate in defending allegations that the deceased was either unduly influenced into making his will or he was so confused that he lacked the relevant mental capacity to make a will. The matter settled on terms which exceeded the expectation of the executor.

Case 4

The deceased left a will, leaving his entire estate to his daughter, excluding his 3 sons, who were our clients. Our clients successfully argued that the will did not provide reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 and therefore recovered monies from the estate.

Case 5

Our client’s long term partner passed away leaving no will. Under the Intestacy Rules our client was not entitled to anything even though he contributed toward the purchase monies of the property in which they lived. Arguments raised included a trust being created and our client not receiving reasonable financial provision pursuant to the Inheritance (Provision for Family and Dependents) Act 1975. Our client was successful in having the entire estate transferred to her.

About the author

Martin Oliver Partner

Martin specialises in inheritance disputes such as contesting a will and litigation involving wills and trusts. "He has a very good legal brain, an eye for detail and a tactical sixth sense ... " 'Chambers & Partners 2014