Becoming involved in a dispute is often difficult and costly. At Thomas Flavell & Sons we can help.
We will take your instructions, listen to your objectives and advise you accordingly. We will do our utmost to ensure the matter can be resolved quickly and where possible, without recourse to litigation. Whilst negotiation and mediation should always be the first option for those who find themselves involved in disagreement, there will be times when Court proceedings are unavoidable. If a dispute requires legal action, Thomas Flavell & Sons will act in your best interests.
Thomas Flavell & Sons specialises in many types of contentious and non-contentious cases including the following:
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:
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.
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.
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.
If you have or are facing a claim in excess of £10,000 we would be please to assist you.
We can advise you on the terms and effects of any settlement/compromise agreement.
The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) allows certain applicants to recover money from the Estate of a deceased person if they have been unfairly excluded. Noel's latest article explains the impact past conduct could have on a 1975 Act claim.
Important update for witnessing a Will.
This is an interesting decision concerning the power of the Court to determine whether a party to proceedings should have a say in the appointment of a representative on behalf of an opposing party who did not have capacity to represent herself