Helping you resolve disputes over rights to land and property
Whatever your situation when involved in a dispute over land and property rights following someone's death, we can advise you on whether you have a claim.
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Sometimes a relative can leave a Will that doesn’t tally with what you think is fair.
Perhaps you contributed towards a property but you’re not receiving a share of it. Perhaps someone is holding property which you do not think should belong to them. Or you may have been promised land or property but nothing about this appears in the Will. Whatever your situation, we can advise you on whether you have a claim.
What types of dispute can arise?
You are a co-owner of a property or have been contributing towards it, but are being told that you own a smaller share of the property than you think is fair
You may have made contributions towards buying a house, but it was registered in someone else’s name. Alternatively, you may have been living with someone and contributing to the mortgage, general household expenditure or improvements. Even though you are not the “legal owner” of the property, you may feel that it is unfair for you not to have any ownership rights or a share which reflects your contribution. Alternatively you may own a house jointly with someone but only you have paid towards the mortgage or substantial improvements and you feel it is unfair that your co-owner should benefit from your contributions.We can review your case and advise you whether you may have a claim to a share of the property, to an increased share or to a greater proportion of the proceeds of sale.
You are a co-owner of a property and you are unsure of your rights after the other co-owner has moved out of the property or has died. Or perhaps one of the beneficiaries of an estate may be occupying the property and refusing to leave
Difficulties can arise when a relationship breaks down or when a person dies and a co-owner or family member continues to live in the property. Can a sale be forced against the wishes of the co-owner or other beneficiaries? Can you claim rent from the person still living in the property? Can you force them to leave? How much needs to be paid to buy out a person’s share? We can review your case and advise on all of the options.
Someone is holding property which you do not believe they are entitled to hold
Just because a person is technically the legal owner of the property does not necessarily mean they are entitled to the benefit of all of it. Situations commonly arise where individuals inherit rights to property despite that not being the intention of the person who has died. These situations could arise with joint bank accounts and with property, where it appears unfair that a joint owner stands to inherit everything. We have successfully helped many clients seek a fair share of property that is being held by others.
You discover you are not due to receive property or land that was promised to you
A loved one may have promised you property or land, but after their death you’ve found that it won’t be passed on to you. Don’t worry, you still might be able to do something. The law of “proprietary estoppel” might intervene on your behalf if it is just and fair to do so. If you were told that the property would be yours, you believed the promise and you acted on the promise to your disadvantage, then you may be able to challenge what happens with the property. We can explain the law to you in more detail and guide you through the process.
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“Amanda Noyce (Band 4) is head of the inheritance and trusts disputes department in Bath. An interviewee describes her as “very approachable and understanding,” adding: “I couldn’t recommend her highly enough. She is very thorough with her investigations and covers all angles.”
“RWK Goodman ‘achieves good results for its clients time and time again’. Amanda Noyce ‘is unflappable’ in Court of Protection applications involving mental capacity issues, as well as Inheritance Act, tax and professional negligence matters.”
Mike Muston is “highly recommended” by independent legal directory The Legal 500, who added that he “gives excellent and fair advice“. His team is also recommended by The Legal 500 as it “achieves good results for its clients time and time again.”
Calum Campbell has been recognised by Chambers and Partners UK as an Associate to Watch. According to an independent source “he is very thorough, commercially minded and pragmatic,” while another commends him for being an “extraordinarily approachable, down-to-earth and engaging man.”
Frequently Asked Questions
The time limits that may affect your claim will depend on the type of claim you are looking to bring. Some claims have strict time limits, which may be as short as 6 months after a Grant is obtained from the Probate Registry. However, even if your claim is not subject to a strict time limit, you will want to make sure that the property you are claiming against remains safe and secure. For this reason, whatever the nature of your claim, we recommend getting in touch with us as soon as possible to protect your position.
We like to consider each case before we meet with prospective clients. This aims to ensure that you do not need to pay for unnecessary fees, should we feel that there is not a case worth pursuing.
Please complete the enquiry form, providing us with as much detail as possible. We will then aim to get back to you within 24 hours with a response. We are also happy to have a short no obligation phone conversation with you, in order to understand the case further and advise on the next steps to be taken.
Some can last just a few weeks, but others may, unfortunately, take many months to resolve. Whatever your circumstances, we take an active approach and look for practical solutions to help settle a case as quickly as possible. We’ll treat every case as sensitively and efficiently as possible, always focusing on the best interests of our clients. By aiming to settle your case well before trial, we’ll hopefully save you time, stress and money.
Once we have considered your case we can provide you with advice about the anticipated costs and the options of funding that are available. Your funding options may include:
- Funding the costs yourself
- Funding the costs through your legal expenses insurer
- Funding through a “no win no fee” agreement
Whatever your situation, we’ll make sure to keep you fully informed every step of the way. We try and settle just about every case before it comes to trial, which keeps costs to a minimum and ensures you have as much control over any agreement reached as possible.
Our contested probate services
How we can help to protect you and your loved ones