Dispute Resolution and Litigation

Disputes and disagreements can arise for many reasons and often cause much distress and upset for the people involved. Taking legal advice at an early stage from expert solicitors can help avoid a drawn out legal battle by resolving any misunderstanding and frustration.

Our disputes and litigation are handled by Simon Heapy who is an experienced solicitor who has been named as a leading individual by the Legal 500 (2016) and Chambers & Partners (2016 and 2018). We offer a personalised serviced with clear costs and timescales.

 

Our approach

We take a different approach to many solicitors working in litigation. We are not aggressive or antagonistic lawyers who will focus on ‘winning at all costs’ regardless of what that ‘win’ looks like. Instead, we listen to you to understand the history and nature of the dispute and discuss the outcome you wish to achieve. We understand that many of these disputes involve members of your family and can be very distressing for everyone involved. As solicitors, we use a collaborative approach as we have found this to be much more effective and pleasant for everyone involved.

We understand that disputes and disagreements can be emotionally draining (whatever the outcome) and looking after your mental health is equally as important as managing your legal case. We can put you in touch with specialist counsellors who can provide emotional support for you during the process should you feel the need for additional support.

 

Disputes and Litigation Services

Inheritance Act claims

People in England can choose to leave their estate to whomever they wish. However, the Inheritance (Provision for Family and Dependants) Act 1975 offers protection for people that were financially dependent on the person that has died. Certain people, including spouses and children, are entitled to make a claim if they have not been named in a Will or inherit under the rules of Intestacy. There are strict time limits for making claims and it is important to take legal advice as soon as possible.

Challenging Wills

If you believe that the Will doesn’t reflect the wishes of the person that has died or there is mistake in the Will, it is possible to contest the Will. It is also possible to challenge the Will on the basis that the person signing the Will wasn’t capable of understanding it (lack of capacity) or if they were coerced in making it (undue influence). We can assist in reviewing the Will and advise on how to challenge a Will.

Defending claims

We can help defend attorneys, deputies, executors and beneficiaries facing claims. Whether this involves contesting the validity of a will, an Inheritance Act claim or facing being removed as executor or deputy.

Probate Disputes

Contentious probate is the name given to disputes and disagreements about what happens to a person’s estate after they die. It is never easy to lose a loved one and this can be made even harder by disagreements over how their estate is being managed. We can assist in resolving disputes when someone dies.

 

Specialist services

Court of Protection disputes

Disputes involving the Court of Protection can arise, such as challenging the appointment of a deputy, contesting the need for a Court of Protection application or removing a deputy. We are able to deal with all aspects of Court of Protection disputes. Simon Heapy is one of England’s leading specialists in dealing with Court of Protection applications.

Power of Attorney disputes

Acting as attorney is a very important role. Sadly, disagreements and disputes can arise about the decisions taken by an attorney. Our disputes expert Simon Heapy is a specialist in this area and can advise on all aspects of disputes involving Property and Finances Lasting Powers of Attorney.

 

How much does it cost

Due to the unique nature of disputes, we mainly work on an hourly rate. In some circumstances we can offer a conditional fee arrangement also known as ‘no win no fee’.

Our minimum fee for acting is £1,088 plus £217.60 VAT (total of £1,305.60). This is equivalent to four hours work.

For further information please see our price list

 

How long will it take?

It can be very difficult to estimate as we are often relying on third parties (such as other solicitors) to provide us with information. We will discuss an estimated timeframe with you at the outsider of your matter.

 

Contact Us

Questions about disputes

If you have a question about challenging a will or estate and wish to have a no charge initial conversation with one of our solicitors, please contact us on 01260 769 639 or get in touch with us using the information on our contact us page.

Making an appointment

If you would like to make an appointment, please get in touch. We can meet you at home, our office in Congleton and we also offer meetings by online video (such as MS Teams) or by telephone.

Our main office telephone number is 01260 769 639.

 

What our clients say about our solicitors

‘You made it so easy for me’

‘Knowledge and feedback regarding our concerns on our matter was outstanding’

‘Approached in a sensitive manner’