HELPING TO RESOLVE DISPUTES QUICKLY
We have extensive experience in bringing or defending claims against an estate or a trust or advising the executors and trustees on how to defend these claims.
We understand that disputes of this nature can be distressing to all those involved and that proactive and pragmatic advice, paired with sensitivity and discretion, is required.
We strive to resolve disputes quickly and cost effectively, including consideration of alternative dispute resolution options.
GUIDING YOU THROUGH THE PROCESS
Where court proceedings are necessary, we shall provide you with comprehensive and skilled advice to guide you through the process.
We can be trusted to always act in your best interests, to execute and to expediate the right solution for your dispute.
WE ASSIST, GUIDE AND
Wills can be challenged for any one of more of the following reasons:
Lack of proper formalities
Lack of capacity and mental disorders
Lack of knowledge and approval
Fraud and forgery
If you think a Will is open to challenge or if you are an Executor on the receiving end of a claim, we will help and guide you through this process. Our team has extensive experience in dealing with estates of all sizes and has the expertise to guide you through the process.
We can advise on what steps need to be taken immediately to protect the position including:
- Putting in place a caveat to prevent a grant of probate being sealed without notice to the caveator (person creating the caveate)
- Seeking the assistance of the Probate Registry by way of a citation – to accept or refuse a grant of probate, to take probate or to propound a Will
- Obtaining information from the Solicitor or Will writer who prepared the Will or Codicil (official alteration) in dispute
- Obtaining a Freezing Injunction to restrain a party from removing assets out of the country or from dealing with assets
If you think an Estate is being mismanaged, the law allows for the removal and substitution of those who manage it. We can assist, advise and guide you through this process.
The law gives the Court the power to order financial provision from an estate to someone who might reasonably have expected to be a beneficiary, or to order further financial provision to a beneficiary who has not received enough.
There are certain categories of applicant as follows:
- Surviving spouse or civil partner
- Former surviving spouse or civil partner (if not remarried)
- A person who has cohabited with the testator for a period of at least 2 years immediately prior to his/her death
- Children (both adults and minors)
- Any other person who was treated as a dependent ie was maintained by the deceased
Please note that there is a 6 month deadline from the date on which probate is granted for bringing an Inheritance Act claim so time is of the essence.
Contact us as soon as possible if you think you may have a claim.
A trust allows you to invest and protect your assets for multiple future generations. Chosen trustees have a duty of care to those beneficiaries to act in their best interests and with absolute honesty and integrity.
We can help if a trustee has breached that duty. Examples would be where a trustee has:
- Failed to obey the directions of the trust
- Failed to act impartially
- Mismanaged the trust
- Failed to supply information to beneficiaries to which they are entitled
- Failed to pay trust income to a beneficiary
- Allowed a co-trustee to act in breach of trust
If you have concerns that your rights as a beneficiary are not being met, we can ensure you understand your rights and what you are entitled to as a beneficiary.
Some of the things we do
Thank you and the rest of the team for your help and hard work you have put in through this past 18 months or so. We are extremely grateful for your meticulous attention to detail and guidance you have provided.
This acquisition provided an exciting opportunity for Produce Packaging and Innavisions to benefit from their respective strengths and resources. The EMW team supported us very effectively in completing this transaction.
The wills surgery session was very good and very informative. It has given some things to think about!
EMW’s assistance in this important strategic transaction for us has been superb.
I would like to say your pragmatic approach to IT contract negotiations was a breath of fresh air, very well managed and conducted. As I’m sure you are aware these things can take weeks or even months on occasion, your commitment to time frames and diligence are very much appreciated.
EMW consistently provides high quality service in a personable and easily understood manner.