Wills, Estates, Power of Attorney & Court of Protection Disputes

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It is always distressing when a partner or a loved one dies. This can be exacerbated where there are legal issues about their will or their estate.

Have you been left out of a Will?  Are you an Executor representing an Estate facing a dispute, or perhaps you are a Beneficiary of a Will whose right to an inheritance is being challenged?  Eric Robinson Solicitors is here to help!

There may be uncertainty about the validity of the will or a claim is made against the estate by a third party. You may not have received from the deceased’s estate something they had promised you, or that you had expected to receive under the will. Sometimes it is just that you have concerns about the way in which a family member’s will was prepared or signed, and you want to investigate the circumstances to try and understand why you may have been excluded or been left less than you had anticipated. Alternatively, somebody else may be challenging the validity of the will or making a claim for a share of the deceased’s estate.

The range and extent of the issues can be vast, and they are often complicated. If you have any concerns or think you have a claim, you should take advice as soon as possible. That’s  because some claims, such as under the Inheritance Act, have strict time limits and must be issued within six months of the date of the Grant of Probate.

We can provide a no-obligation, fixed-fee one-hour interview for £120 plus VAT to help you establish whether or not you have a claim.  If you decided to instruct us after that then we’ll discuss the various funding options that may be available to you and help you find the one to suit you.

Most disputes about wills and estates are settled before they get to court. That is what we aim for, because we recognise that taking a claim to court can be expensive and stressful for families. So we will explore the ways of settling the dispute including mediation and negotiation. And we’ll make sure that our strategy and advice is tailor-made for you.

Wills and estates 

At Eric Robinson Solicitors we have many years’ experience of dealing professionally and sensitively with potential disputes or queries arising out of wills or estates.  That includes helping clients answer questions such as:

  • Is the will valid?

There may be doubt over whether the will has been properly executed, or whether the deceased really understood what they were signing because of a physical or mental illness. Alternatively, when the will was signed the deceased may have been vulnerable or put under undue pressure to sign. In those circumstances there may be a potential challenge to the will’s validity.

  • Has the will made adequate provision?

Where it’s claimed that the will has made inadequate provision for a person or people particularly connected to the deceased (for example a spouse, partner, child, or somebody who was dependent on them), then that person may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for financial provision out of the estate.

  • What does the will mean?

Where the will has been ineffectively or poorly drafted, a dispute may arise as to the deceased’s true intentions.

  • Are the executors administering the estate in a proper and timely manner?

If you have concerns about how the executors are administering the estate, we can advise you on the duties of executors and about the relief you can seek from the court if an executor is falling short.

Powers of attorney 

A lasting power of attorney cannot be used until the person granting it has become mentally incapacitated and the lasting power of attorney has been registered.

If there is a dispute about the lasting power of attorney, for example where there are questions over the attorney’s suitability, or there are issues about their  management of the donor’s affairs, then we can advise you and help you resolve this

Court of Protection disputes 

When a person becomes incapable of managing their affairs, the Court of Protection may appoint a deputy to manage the affairs on their behalf.  If there is a dispute about the suitability of that deputy or about their management of the patient’s affairs, the team at Eric Robinson Solicitors can help guide you through it.

Fixed Fees for Disputes concerning Wills, Power of Attorney & Court of Protection work:

Advice Hour meeting£120 plus VAT (£144)
Application to find out if Probate has been granted (a Standing Search)£100 plus VAT (£120)
Application to prevent hte issuing of a Grant of Probate (a Caveat)£100 plus VAT (£120)
Letter requesting further information from a Solicitor who drafted the Will
Larke v Nugus
£250 plus VAT (£300)

Solicitors in Southampton, Winchester, The New Forest and the South Coast

Contact our solicitors in Southampton, Winchester, The New Forest or the surrounding areas by using the drop down below. Alternatively, visit our people page to speak to a member of staff directly.

Offices in: BitterneChandlers FordHedge EndLymingtonSouthamptonWinchester

Contact our experts for further advice

Craig Petrie