• @DisputedWills
    Must-read thread. We note @stuartadamsuk and @LottieJohn1 ‘s caution, but judicial pressure to put cards on table -… https://t.co/8NGfX4qjyI
Home > Claim Guide > Other Claims

Other Claims

There are many types of claim that can be made against a deceased person s estate and we have set these out below: -

  • Chattel disputes - often disputes arise when dealing with the deceased's personal possessions. The starting point when considering the distribution of chattels is the deceased person's Will and whether any chattels were jointly owned.
  • Interpretation of Wills - if a Will is unclear, a claim can be brought to ask the Court to declare the correct interpretation.
  • Trust disputes - beneficiaries and trustees each have rights and can bring claims, but expert advice is needed.
  • Inheritance Tax disputes - sometimes disputes can arise either with HMRC or between beneficiaries in relation to the payment of tax. Legal advice should be taken at the earliest possible opportunity in such matters, as delays in making tax payments can result in penalties being imposed on an Estate.
  • Statutory Will applications, approval of gifts applications and other Court of Protection actions - we also are able to deal with applications to the Court of Protection in relation to disputes where an individual has lost the mental capacity to deal with matters himself/herself.
  • Mutual Wills - occasionally a couple (either married or siblings) make an agreement not to change their Wills after the first has died – despite the general rule that a Will can be revoked at any time. Such claims are often hard to bring to court because of the lack of evidence.
  • Injunctions - in the case of some Estate disputes, injunctions can be issued to prevent the executors accessing certain investments and/or preventing the distribution of an estate. We are able to advise on such matters and if an injunction is issued, you should take legal advice immediately because there are often strict Court time limits involved.