Private Wealth Disputes

We understand that financial and legal disputes between family members can be extremely distressing. Whether a dispute involves a disagreement about a person’s assets, property, inheritance, or any other source of wealth/finances, our specialist solicitors will be available to provide close personal support and robust representation to help you achieve the best possible outcome.

When you work with Roythornes, you can rest assured that we will handle your private wealth disputes sensitively, taking on the burden of resolving your disagreement so that you can move on with your life as soon as possible.

Our team know that family dynamics can be extremely complicated, particularly when it comes to inheritance. If you are concerned about the financial mistreatment of a loved one, rest assured our team will approach your case sensitively , whilst seeking justice for you and/or your vulnerable family member.

Regardless of the nature of your dispute, we are highly experienced and well-equipped to help you. Our expert private wealth solicitors can support individuals and families with various types of wealth disputes, including:

• Challenging lifetime gifts/promises
• Challenging or contesting a will
• Property co-ownership disputes
• Court of Protection disputes
• Estate administration disputes
• Financial provision (“Inheritance Act”) claims
• Lifetime promise disputes
• Professional negligence claims, concerning defective wills and trusts, or negligence tax, investment and probate advice
• Trust disputes

Get in touch with our private wealth solicitors today 

To access legal support with private wealth disputes, please complete our enquiry form, and we will contact you straightaway. We have legal offices in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.

Our private wealth disputes team can work with clients across these locations, as well as the rest of the UK and internationally.

How we can help with private wealth disputes

Challenging lifetime gifts

When a person makes a lifetime gift, they are transferring money to another person (for instance, a family member or close friend) directly from their estate. Lifetime gifts are often used as part of an estate or inheritance tax planning strategy.

If your loved one has made a lifetime gift, and you believe that doing so was not in their best interests, we can help you to challenge the lifetime gift, through the appropriate legal steps.

It may be necessary to challenge a gift if, for example:

• The person who made the gift did not have the mental capacity needed to understand what the impact would be on their finances
• The person who made the gift was pressured into doing so
• An Attorney or Deputy made the gift on the person’s behalf, and this was not in the vulnerable individual’s best interests

Challenging or contesting a Will

In certain circumstances, it may be necessary to contest a Will, for instance, to protect the financial interests of a loved one. Our private wealth dispute solicitors can support clients in challenging a Will for the following reasons:

• The Will was not signed or witnessed properly
• The Will is fraudulent (for instance, a person’s signature was forged)
• The person making the Will didn’t have the mental capacity to do so or it did not reflect their wishes
• The person making the Will was pressured or coerced into creating the Will, (or to include certain terms that do not represent their wishes)

We are usually able to resolve disputes out of Court, for instance, through mediation. Where disputes prove too difficult to resolve this way, rest assured, we will fight to get the best results for our clients in Court.

Property co-ownership disputes

Co-ownership of property disputes can occur for many different reasons, and where these do arise, it is often necessary to seek legal help.

Our specialist team at Roythornes can help with all types of property disputes, with a few common scenarios including:

• Where the co-owners cannot agree on whether the property should be sold
• Where the co-owners cannot agree on how the value of the property should be divided between them
• Where there are disagreements regarding properties that are held in a trust
• Where property disputes are related to estate administration and inheritance

Court of Protection disputes

If an individual cannot take care of their own health, welfare and finances, for instance, due to old age or ill health, a family member or close friend can gain legal permission to support them.

Where the individual still has mental capacity, they can create a Lasting Power of Attorney, choosing a loved one to support them in the future. Where a person does not possess mental capacity, it will be necessary for a suitable person to be appointed a ‘Deputy’ to look after their affairs.

Both deputies and attorneys are able to support the vulnerable person with their finances and/or health and welfare, though the specific permissions and responsibilities that they are granted vary.

Though the Court of Protection is intended to protect vulnerable individuals, it is not uncommon for issues to arise, and you may find yourself needing legal support to solve these. Examples of disputes that we can help with include:

• Challenges to the competence of a Deputy (or an Attorney where a Lasting Power of Attorney is in place). For instance, where they are incompetently or carelessly managing the vulnerable person’s finances
• Challenges to the conduct of a Deputy or an Attorney, for instance, where it is suspected that they have stolen money from the vulnerable person, or are guilty of some other form of financial abuse
• Challenges to the appointment of a Deputy, for instance, where the person still possesses mental capacity and therefore does not need one

Estate administration disputes

When a person passes away, we hope that their estate will be administered according to their wishes and the law. Unfortunately, the estate administration process does not always run smoothly, and it is not uncommon for issues to arise.

Our specialist private wealth solicitors can support you in resolving a wide range of disputes, for example:

• Disputes where it is suspected that the Will executor or estate administrator is mismanaging the estate
• Disputes where a person dies without a Will, leading to disputes over inheritance
• Disputes regarding the valuation of certain assets, having an impact on distribution

We can help clients resolve the majority of private wealth disputes through mediation. Alternatively, it might be more appropriate to use a different alternative dispute resolution method, such as early negotiation, FDR, expert determination or early neutral evaluation.

If it is not possible to resolve your dispute out of Court through one of these options, we can provide robust representation in Court.

“Inheritance Act” claims

The Inheritance (Provision for Family and Dependants) Act 1975 permits certain people to raise a claim on the estate of a deceased individual to obtain financial provision and support.

It is possible to make an “Inheritance Act” claim in the following circumstances:

• If your spouse, civil partner, cohabitee, parent or close relative has passed away and left you nothing in their Will, or less than you were expecting or less than is reasonable
• You relied on the deceased for financial support or maintenance, and the fact that you have not been provided for in the Will has left you in difficult circumstances

If you have any questions about “Inheritance Act” claims, our private wealth experts can provide comprehensive support.

Lifetime promise disputes

If someone has promised a family member or someone else their property, or a share of it, this intention will need to be expressed in their Will. Where this person dies without a Will, or does not include the promise as part of their Will, the individual left behind may choose to raise a lifetime promise dispute.

Whether or not the person will have a viable claim to the property or part of it that they were promised depends on a variety of different factors, for instance, the nature of the promise, how far the person relied on the promise, the detriment they suffered and the general circumstances.

For more information on this, please contact our expert team today.

Professional negligence claims

If you have worked with a professional to gain support with administering a deceased loved one’s estate, and that professional has provided you with poor quality advice and guidance, you may be able to raise a professional negligence claim against them.

There are various scenarios where you may have grounds to pursue a professional negligence claim, including:

• An individual receives poor quality professional advice regarding their Will, resulting in a tax liability that could have been avoided
• A trustee or executor takes poor investment advice that causes a loss for the estate or trust fund.

Our expert private wealth disputes team have much experience supporting clients in bringing professional negligence claims, and are able to settle the majority of cases out of Court.

Trust disputes

At Roythornes, we can advise trust corporations and individual trustees concerning trust disputes. We are able to help with all types of trust disputes, a few examples being:

• Instances where trustees have received incorrect tax or investment advice
• Instances where there is ambiguity in the wording of a trust document, and therefore it needs legal clarification
• Instances where trustees can go to court to protect their position or sanction their decisions

If you would like to learn more about how we can help you with trust disputes, please contact our wealth protection solicitors today.

Private wealth dispute fees

At Roythornes, we may be able to offer capped fees for certain types of private wealth work. However, as these cases often tend to be complex, they are usually more suitably charged at an hourly rate. Once we have an idea of your needs, we can offer you an hourly rate that reflects the work involved, and the outstanding service that you’ll receive.

In some cases we are able to provide alternative funding options, such as a deferred funding arrangement (where we can wait for the dispute to be resolved and deduct our fees from the client’s entitlement) or a “no win no fee” agreement. Whilst we cannot offer this in every scenario, if you need to access legal support, and are concerned about funding, please contact us. We can explore whether or not any alternative funding options might be available to you.

Why choose Roythornes as your private wealth disputes solicitors?

At Roythornes, we take a unique approach to wealth disputes, working collaboratively with our clients, and offering a truly personalised service. From day one, we’ll ask you what your ideal outcome would be, then provide transparent feedback on what’s achievable, and set realistic goals together. We work with you to get the best results.

Prioritising a strategic approach, we’ll plan the journey, making everything clear to you, from the processes to the costs and the potential issues that may arise.

We have a fantastic reputation, based on many years of experience providing an excellent legal service across the UK and globally. When you work with us, you’ll be working with the same team of wealth disputes solicitor for the duration of your case, allowing for consistency, rapport, and peace of mind.

Our approach is sensitive and empathetic. We will bear the weight of your stress, and work hard to resolve your case, so that you can move past your dispute as quickly as possible. Where necessary, we will take a dynamic approach, fighting for justice where you or your loved one has been wronged or taken advantage of.

As experts in private wealth law, we are in the perfect position to support you. We are Lexcel accredited, a testament to our fantastic standards of service and client care, and we are also members of STEP (Society of Trust and Estate Practitioners).

Our private wealth team consists of highly trained experts who hold various prestigious accreditations, committee positions, and memberships. Gavin Faber is part of the Birmingham Law Society Private Client Committee, as well as being a Committee member of Birmingham STEP branch and full member of ACTAPS. Gavin is also a Leading Partner in the Legal 500 and holds a Band 1 ranking in Chambers. Leah Merrifield and Emily Parry are members of the Contentious Trusts Association (CONTRA), and Jak Ward is recognised by the Legal 500 as a Next Generation Partner in the East Midlands region for Contentious Trusts and Probate work.

Frequently asked questions about private wealth disputes

What are private wealth disputes?

Private wealth disputes are disputes that concern a person’s wealth and assets, focusing on how their wealth has been managed and distributed.

These disputes cover a broad range of areas, including challenges to Wills, trust disputes, challenges to Deputies under the Court of Protection, and various related matters.

How long does a private wealth dispute take?

It is difficult to determine how long it may take to resolve a private wealth dispute, as it entirely depends on the case itself, and how complex it is.

It may be possible to settle the dispute in a few months, or potentially up to one year or more where cases are more contentious.

When you work with Roythornes, your private wealth solicitor will attempt to resolve your case as fast as possible, explaining all of the options that will be available to you.

What is the cost of a private wealth dispute?

How much it will cost to resolve a private wealth dispute depends on the type of dispute, the complexities involved, and how much legal support is required.

Once we have an understanding of your case, we can provide information on the fee options available, whether capped fees, an hourly rate, or alternative funding options such as deferred or “no win no fee”.

Get in touch with our private wealth solicitors today 

To access legal support with private wealth disputes, please give us a call or complete our enquiry form today. We have legal offices in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.

Our private wealth disputes team can work with clients across these locations, as well as the rest of the UK and internationally.