Property Disputes

We have dealt with many disputes relating to Property to include disputes relating to its ownership and matters between Landlord and Tenant.

Examples of disputes that we have dealt with include making applications for declaration as to the beneficial and other rights in a Property including claims for an account between parties. We have also dealt with disputes where parties have attempted to seek interest and ownership of the Property and heard in the Upper Chamber of the Lands Tribunal.

Property disputes include claims by parties who have made contributions towards properties or there being some agreement between the parties as to the beneficial interests in the properties.

Probate Disputes

Common areas of dispute in probate are:

• Hostility between different executors or beneficiaries; and
• A disagreement as to who is permitted to apply for a grant or a complaint that an executor is failing to efficiently deal with the administration of an estate.

Litigation in a probate can be expensive and time consuming. A death in a family may raise disagreement about a will or the inheritance. Relationships suffer and there can be a breakdown between all parties. Nonetheless we try to resolve these disputes out of court if possible.

A will may be contested due to circumstances such as the deceased not leaving sufficient property for a particular member of the family, the existence of a new will, the authenticity of the will and signature or circumstances under which the will was procured, for example, under duress and/or undue influence or by way of fraudulent/unlawful calumny.

We specialise in this particular field of disputed wills and have been involved with cases such as setting aside the will under the laws of fraudulent calumny and challenging the execution of wills. In fact, we have had a reported case in this particular field which we successfully acted for a client. In the case of Christodoulides v Marcou [2017] EWHC 2632 (Ch), we acted for the successful party which challenged the will of her mother. It was held that the fraudulent calumny had induced the mother to make a will on the basis the Ms Christodoulides had led her mother to believe that our client (her sister), had “helped herself to a substantial amount of assets already and Ms Christodoulides had not”. This was a landmark decision which went to the Appeal Court which refused permission to appeal.

We acknowledge that this is a difficult and stressful area of law. If you are experiencing any problems or require any information, please do not hesitate to contact us for any legal advice.

What we offer

Our Mr Parmar with the help of specialist Counsel can provide you with impartial advice covering a range of services which include: court of protection; intestacy; trusts; and estates. We can also assist you with understanding the terms of the will, and claims that may arise against the estate by creditors or dissatisfied beneficiaries.

We can advise on various issues such as:

• If the will is invalid due to testamentary capacity/execution, technical defect, drafting errors etc.;
• Where wills can be set aside due to undue influence;
• The estate being bankrupt, or insolvent;
• Minor beneficiaries and their rights;
• Dealing with different jurisdictions; and
• Claims of forged signatures.

We can help in any of such matters and aim to provide quick and strategic planning to avoid costly legal expenses and court proceedings if at all possible. For example, we can help to mediate with a view to settlement of disputes between the executor and the beneficiaries of the will.

Taking the next steps…

Once a family member’s death has been registered and their funeral has been arranged, the first advise we give is to locate the person’s will or confirm they did not make one.
If you cannot locate the will, contact the person’s accountant or bank to see if any of them have it. You can check whether a will is stored with the Principal Registry of the Family Division. Ask for a search to be made of the safe custody wills register.
If you are the executor of the will, you should apply for a grant of probate, which is the legal document that enables you to access funds, sort finances and share out assets the deceased accumulated.

We can assess any conflicts that may arise between your family member and yourself. We do this by minimising any potential intense situations that may arise from the process. We make every effort to obtain as much information as possible to assist you with your situation. Please seek advice from us to guide you in what to do next.