Inheritance Act cases often present complex, emotionally charged disputes that test the patience and resolve of solicitors. When dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975, solicitors face numerous challenges, including navigating complex family dynamics, uncertain legal outcomes, and the pressure to balance cost-effective case management with achieving favourable results for their clients. Here, I will outline the main problems solicitors experience in such cases and demonstrate how a barrister’s expertise can alleviate these difficulties and strengthen the client’s position.
1. Complex Family Dynamics and Relationships
One of the primary issues in an Inheritance Act claim is the often tense and multifaceted family dynamics at play. These cases typically arise in emotionally charged situations following the death of a loved one, and they frequently involve disputes between close family members, such as spouses, children, and even dependants who are not blood relatives.
Problem for Solicitors:
Solicitors find themselves managing not just legal claims, but also the volatile emotions of their clients. This may lead to situations where clients act impulsively, driven by grief, anger, or resentment rather than rational consideration of the legal merit of their claim. The solicitor must constantly balance legal advice with the need to maintain a harmonious professional relationship.
How I Can Help:
As a barrister, I approach cases with a level of detachment that is beneficial in dealing with emotionally driven disputes. While I remain empathetic to the clients’ circumstances, I can give frank and objective advice, which often helps to calm the situation and refocus the client on the legal merits. I am also well-versed in addressing the psychological factors at play during mediation or negotiation. My directness and focus on key issues allow me to guide clients toward a resolution that is both legally sound and emotionally acceptable.
2. Interpreting Ambiguous or Complex Wills
The wording of wills can often be unclear, leading to ambiguity in interpretation. In some cases, the language used in a will may conflict with statutory provisions, or there may be questions about the testator’s intentions. Additionally, there may be allegations of undue influence, lack of capacity, or improper execution, complicating matters further.
Problem for Solicitors:
Solicitors are required to interpret the provisions of a will in light of relevant legal principles, but these provisions can be vague or conflicting. This creates difficulties in advising the client on their chances of success and in forming a coherent strategy. The solicitor must also contend with the fact that the law surrounding inheritance claims is constantly evolving, requiring them to stay abreast of new developments while providing timely advice.
How I Can Help:
I specialise in navigating such uncertainties and can offer clear guidance on the interpretation of contentious wills. Whether through detailed legal argument or working with expert evidence, I assist in bolstering the client’s case. My background in Chancery work ensures that I am comfortable interpreting and arguing complex will provisions, while my experience in family law allows me to frame these arguments in a way that resonates with the underlying personal circumstances of the client.
3. Balancing Mediation with Litigation
Inheritance Act claims are inherently uncertain, with outcomes dependent on a range of factors including the needs of claimants, the size of the estate, and the intentions of the deceased. Consequently, solicitors must carefully weigh the benefits of settlement against the risks of litigation. Mediation often presents a more cost-effective and quicker resolution but requires careful negotiation tactics and skilled handling of client expectations.
Problem for Solicitors:
Mediation can be a daunting process, especially when parties enter with entrenched positions or unrealistic expectations. Solicitors must manage these expectations while also preparing for the possibility that mediation will fail, leading to a full trial. This dual focus can be stressful and may result in clients feeling confused or anxious about the best course of action.
How I Can Help:
I am adept at representing clients in both mediation and litigation. During mediation, I bring a strategic approach that includes providing clients with an honest assessment of their position. If a settlement is achievable, I work to negotiate terms that reflect the strengths and weaknesses of the case. Should litigation become necessary, I ensure that the case is well-prepared, arguing firmly and persuasively in court. This dual capability gives clients the confidence to pursue the appropriate path without feeling uncertain about the consequences.
4. Financial Costs and Risk Management
Inheritance Act claims can be expensive, especially when they proceed to trial. Solicitors face pressure to manage costs effectively while ensuring that their clients receive appropriate legal representation. Costs are a significant consideration for clients, many of whom are beneficiaries or claimants with limited financial resources. Additionally, solicitors must advise on the potential for adverse costs orders, which could deter clients from pursuing what would otherwise be a meritorious claim.
Problem for Solicitors:
Solicitors must balance their duty to the client with the need to manage litigation costs, which can escalate quickly. The unpredictable nature of litigation in these cases creates further complications, as it is difficult to guarantee a positive outcome. Solicitors also face the challenge of explaining complex costs issues to clients, who may be unfamiliar with the nuances of litigation funding and cost recovery.
How I Can Help:
I offer clear, practical advice on costs from the outset, helping solicitors to manage their clients’ expectations and formulate a litigation strategy that minimises financial risk. My involvement often assists in resolving cases more efficiently, either through settlement or by narrowing the issues to be decided at trial, thereby reducing the time and resources spent on protracted disputes. I can also assist with applications for cost orders or the strategic use of offers to protect clients from adverse cost outcomes.
5. Burden of Proof and Evidentiary Issues
Inheritance Act claims require the claimant to prove that the deceased’s will or the rules of intestacy did not make reasonable financial provision for them. Establishing the necessary financial need, particularly when the claimant is a child or cohabitant, can be challenging and often involves complex financial assessments. Additionally, issues of dependency and the standard of proof can become highly contentious.
Problem for Solicitors:
Solicitors must gather and present evidence that clearly demonstrates the claimant’s financial needs and dependency on the deceased. This requires meticulous preparation, often involving expert evidence on financial matters, and can become a significant burden in cases where information is difficult to obtain or interpret.
How I Can Help:
I work closely with solicitors to ensure that the evidence presented is robust and persuasive. I can assist in identifying the key financial issues and liaising with expert witnesses to present clear, credible evidence. Furthermore, my advocacy skills enable me to present this evidence compellingly in court, ensuring that the client’s position is presented in the best possible light. By focusing on the most pertinent facts, I reduce the risk of extraneous issues clouding the case.
6. Time Limits and Procedural Complications
Inheritance Act claims are subject to strict time limits, with claimants generally required to bring their claim within six months of the grant of probate. Additionally, these cases often involve complex procedural steps, such as applications for extensions of time, interim applications, and appeals. Missing a deadline or failing to follow the correct procedures can have devastating consequences for a client’s case.
Problem for Solicitors:
Solicitors must remain vigilant about time limits and ensure that all necessary procedural steps are taken promptly. However, the pressure to meet deadlines while managing a busy caseload can result in errors, and procedural missteps may jeopardise a case.
How I Can Help:
My knowledge of court rules and procedures ensures that the case is conducted efficiently and in compliance with all procedural requirements. Where issues arise, such as the need for an extension of time, I can draft and argue applications persuasively, minimising the risk of the case being struck out. This allows solicitors to focus on other aspects of the case, knowing that procedural matters are being handled competently.
In summary, Inheritance Act cases are fraught with challenges for solicitors, from managing emotionally charged clients to navigating complex legal and procedural issues. As a barrister, I offer targeted assistance in these areas, providing clear, strategic advice and effective advocacy to help solicitors deliver the best possible outcomes for their clients. My involvement allows solicitors to focus on maintaining strong client relationships while I manage the more contentious and technical aspects of the case, ensuring that the claim proceeds smoothly through the court system.