With our long and distinguished history, it is unsurprising that we have a depth of experience and expertise in dealing with testamentary disputes.
Our team are acutely aware that such claims occur at a very distressing time when individuals are feeling vulnerable and require sensitive but constructive support. Whilst recognising the need for sensitivity, we are able to guide our clients adeptly through the process during this fraught and difficult period. Of particular importance in relation to claims brought under the Act: such a claim must be brought within 6 months from the date of Grant of Probate. Accordingly, clients are advised to seek legal advice at the earliest possible opportunity.
We are equally well placed to pursue a claim on behalf of a claimant or resist claims on behalf of beneficiaries or trustees of the deceased’s estate. Wherever possible, we aim to to resolve matters pragmatically, economically and preferably consensually, whether though solicitor led negotiation or by recourse to Alternative Dispute Resolution. Where it is necessary to engage the court process, we are accustomed to prosecuting or resisting such claims in a manner that is efficient and cost proportionate. We are able to involve our colleagues in the Trust and Tax teams to assist, where appropriate.
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We are experienced in dealing with matters that are both complex and that involve multiple jurisdictions. At Payne Hicks Beach, our experienced solicitors will ensure your case benefits from fair and effective management.
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Why Choose Payne Hicks Beach?
With top ratings in Chambers UK, Chambers HNW and The Legal 500 UK guides, the Family Team is recognised as frequently advising in some of the most high-value and high-profile finance cases in the market, including cases involving complex international aspects.
Such disputes can relate to intestacy (where an individual dies without having made a Will expressing their wishes) or to matters relating to or arising from the Inheritance (Provision for Family and Dependants) Act 1975 (“The Act”), where an individual dies and fails to provide reasonable financial provision for dependants.
In the appropriate circumstances, the following are able to make a claim:
- A spouse/ civil partner of the deceased;
- A former spouse/ former civil partner who has not remarried;
- An individual who has cohabited with the deceased for a period of at least two years prior to their death;
- Children of the deceased;
- An individual who has been treated by the deceased as a child of the family; and
- Someone who was being supported financially by the deceased when they died.
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