Litigation & Dispute Resolution

Contentious Probate

Disputes concerning the validity or effect of a Will/intestacy or how an Estate is administered are collectively known as contentious probate disputes. Such disputes are becoming increasingly common as family relationships become more complex and property values increase. Such claims include:

• Disputes regarding the validity of a Will
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Claims against Executors/Personal Representatives
• Proprietary Estoppel claim

We regularly act for clients who want to bring or defend such claims and our legal advisers have the necessary experience to help you. At Thomas Flavell & Sons we also understand that such disputes can be upsetting as they often involve close family and friends. We will deal with your dispute with sensitivity and tact. Our solicitors have a wealth of experience dealing with such claims and have membership of the Association of Contentious Trust and Probate Specialists (ACTAPS), a specialist body of solicitors and barristers who are experienced in contentious trust and probate cases.

We can advise on who can make a claim and for what. We will also advise on likely timescales as well as costs and will always explore whether the dispute can be resolved by mediation or negotiation, rather than resorting to litigation if possible.

Court of Protection Applications

We can assist with applications to the Court of Protection which is the specialist Court for all issues relating to people who lack capacity to make specific decisions.

Landlord and Tenant

We regularly advise landlords, tenants and managing agents. This includes action for rent arrears and eviction as well as lease breach and forfeiture proceedings. We also act for residential and commercial landlords.

Debt recovery and contract claims (over £10,000)

If you have or are facing a claim in excess of £10,000 we would be please to assist you.

Employment Law – Settlement

A sudden change in your working circumstances can be a worrying time.

If you are approached by your employer about a potential redundancy or voluntary redundancy, or if you have negotiated a withdrawal from the business for a sum of money, your employer may want all the agreed terms comprised within in a Settlement Agreement. This is a legally binding document designed to bring the employment relationship to an end on agreed terms so that each party can walk away on a clean basis.

It is fundamental for an employee to clearly understand the terms and effects of the Settlement Agreement their employer puts forward. It is always an express term of any Settlement Agreement the employee obtains independent legal advice. At first glance Settlement Agreements can be quite intimidating but with our help, we can guide your through the legal jargon. We will ensure you understand the practical and implied obligations that continue to bind all the parties after a Settlement Agreement has been signed.

At Thomas Flavell & Sons, we can expertly guide you on all aspects of Settlement Agreements and best of all, our costs are usually covered either entirely or in part by an employer’s contribution.

If you require any further information on any aspect of a Settlement Agreement, please get in contact with Noel McNicholas on 01455 620805 or nm@thomasflavell.co.uk for a no obligation discussion.