Litigation

The litigation department specialise in helping anyone that may have a legal claim against another individual, company, other business entity or organisation. In such situations advice is needed on what type of action to pursue, an evaluation of the prospects of a successful outcome and the likely cost of any legal proceedings. Once this is established, and a plan of action agreed, the team will pursue the case with enthusiasm and tenacity to ensure the best possible result.

The department specialise in the following areas:

What is contentious probate?

Unfortunately, many people fail to make a will, which results in thousands of people each year dying intestate. This means that the Crown decides how the estate of the deceased person should be split between the surviving relatives. At times this can be relatively straightforward, for example, where there is only a surviving spouse. At others, it can lead to significant litigation, claims and counter-claims from the deceased person's family.

What’s more, with increasing numbers of second and third families, it is becoming common for wills to be contested and for confusion to arise as to who is entitled to what.

Wills and the law of intestacy do not always produce a fair result; reasonable financial provision is not always made for everyone entitled to expect it. But if you find yourself in this position all is not necessarily lost as the law gives certain people the opportunity of claiming against an estate even if there is no provision for them under the Will or the Intestacy Rules.

Contesting a will

In order to contest a will it may be necessary to show that you were dependent on the deceased at the time of death. If your application is successful, the Court can make a variety of orders which effectively rewrite the Will or the Intestacy Rules to ensure that reasonable financial provision is made for you.

Time limits are critical in family provision applications; if an application is not made within the specified time, you may lose the right to pursue what would otherwise have been a perfectly good claim. If you think you may have a claim, you should obtain specialist legal advice from Jordans Solicitors right away. There are important time limits - sometimes as short as 6 months from the date of death in which to bring a claim. It is vital to seek advice at a early stage if a claim is to be successful.

Our probate litigation team are available to offer you high quality advice. The team undertakes a wide range of contentious probate work, for both individuals and charities. We have dealt with high value estates and claims and offer sympathetic support and advice aimed at meeting our clients' needs as quickly and effectively as possible.

The team’s experience includes:

• Difficulties when someone dies leaving a Will that excludes a person expecting to benefit from it
• When someone dies without leaving a Will resulting in members of the family (particularly extended families) not benefiting from the estate.
• When there is evidence that the deceased’s Will was made under duress, or without the mental capacity to make it
• Applications under the Inheritance (Provision for Family and Dependants) Act 1975
• Asset tracing and recovery
• When a Will results in a distribution of the estate contrary to the apparent wishes of the deceased. A claim may be possible against the professional adviser who prepared the Will. This is called Professional Negligence

When else might you need advice?

• You believe that a signature on a Will has been forged
• You an executor who is disagreeing with another executor in respect of the administration of an estate?
• An executor of an estate trying to coerce you to do something you do not want to do?
• You are a family member who is entitled to a share in someone’s estate and you cannot agree how the estate should be administered?
• You are not satisfied with the interpretation of a Will?
• Questions relating to the Civil Partnership Act 2004

How much will it cost?

We understand that you will be anxious about legal costs, so we offer you an initial free consultation. We are clear and upfront about costs you might incur and keep you regularly informed.