Property & asset disputes

What do property and asset disputes involve?

Property and asset disputes can be quite complex and often very upsetting for those involved. If, as a child or spouse of a deceased person, you believe you are entitled to a property or certain assets, we may be able to help you. As a child or spouse of the deceased you would be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What if a Will has been changed prior to death?

If you believe a person’s Will has been changed prior to death, which as a result has affected a property or other assets you believe you are entitled to inherit, we may be able to investigate this for you. In past cases our legal specialists have found evidence showing a transfer (such as a property) took place before a person passed away, but the validity of the transfer may be invalid for a number of reasons. For example:

• The Will was changed or a transfer was made at a time when the deceased lacked sufficient capacity to make a sound decision
• The deceased was influenced by another party
• The Will was changed or a transfer was made in an attempt to defeat someone bringing a claim against the estate after death (often due to the value of a property or assets)
• Fraud

If one of these situations sounds similar to a dispute you are experiencing and an asset or property has been transferred out of the deceased’s estate whilst they were alive, Stephensons may be able to help you make a claim.

The fact that the assets or property were transferred prior to their passing, does not mean that the transaction cannot be challenged, in particular if the deceased was elderly or vulnerable. Our team has vast amounts of experience working on similar cases and will be happy to discuss your situation to find out if you may be eligible to make a claim. Property and asset disputes are very complex and we would strongly advise that you seek specialist legal advice at the earliest opportunity. Our team of inheritance dispute solicitors can advise you in relation to any aspect of contentious probate.

Cohabiting couples and co-owned property disputes

It is common place in modern society for couples to live in a property together that is only held in one person’s name. During the course of a relationship, both parties can financially contribute towards the property, resulting in a dispute upon separation.

If you have lived in a partner’s property, and have contributed towards the property over that period, you may be able to claim an interest in that property and seek financial reimbursement for your contributions.

Alternatively, you may be the owner of a property and find yourself defending a claim against you, from someone seeking to claim an interest in your property.

Disputes can also arise where a property is held in joint names and upon separation, parties fall into dispute as to each individuals share.

These disputes are dealt with under the Trusts of Land and Appointment of Trustees Act 1996 and are often referred to as TLATA claims. Our specialist solicitors have a wealth of experience in both bringing and defending these claims.

Get in touch

If you feel a family member or friend has been unfairly influenced into transferring assets, or you are experiencing another form of property or asset dispute, please contact our Stephensons’ property and asset dispute legal specialists on 0161 696 6178.