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Profession Category: Private Litigation

Laxmi Mall

Laxmi is a Lawyer in the Dispute Resolution team.

Prior to joining Blaser Mills Law in November 2024, Laxmi completed her training contract with a local law firm.

Laxmi has experience dealing with various disputes including contentious probate, landlord and tenant matters and property disputes. She has assisted with resolving legal matters both through negotiation and litigation. She puts client care at the forefront and adopts a calm, strategic approach to ensure clients feel supported and confident throughout the entire process.

Disputed wills and trusts

If you’ve been left out of a Will or received a much smaller inheritance than expected, promised, or needed, we can help.

The English legal system prizes testamentary freedom above all else. Individuals are free to express their instructions in a Will, no matter how unfair they seem. However, there are certain occasions when you may be able to make a claim against an estate for financial provision or dispute the validity of a Will.

Emotions can run high following the death of an individual. Our team knows from years of experience that disagreements over an estate need careful handling. We offer thoughtful yet commercial and sensible advice designed to help parties reach an amicable conclusion. Where a settlement is not possible, we will guide you through the court process. We will provide clear, understandable legal advice that highlights the risks and the costs of each step of the process. 

For our help with contesting a Will, or to simply discuss your options, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

A personal approach

Our team is renowned in the region and well-regarded nationally for our expert, resilient and strategic approach to contentious probate. We have taken many clients through the processes of securing inheritance provision and contesting questionable Wills.

Our honest and personal approach to litigation sets us apart. We believe you benefit the most when you know exactly where you stand, so we take the time to get to know you and give you a clear view of your rights and options, in a way that makes sense to you. Wills are emotive subjects and we’re not here to take the emotion out of the matter. Rather, we get to know your concerns and what you want to achieve, so that we can help you resolve the dispute quickly and cost-effectively.

When to contest a Will

When it comes to contesting a Will, it is important to act quickly. Contesting a Will after probate is granted can make the situation more complex. It is far less complicated and more cost-effective to find a resolution before a grant of probate is obtained and certainly before an estate is distributed. 

You may wish to enter a caveat to prevent the grant of probate or letters of administration being obtained. The process is outlined here: Challenging a Will – Caveats – Blaser Mills Law

Investigating a Will’s validity

A Will needs several features to make it a valid, legal document. You can challenge a Will for the following reasons:

  1. Lack of proper execution, i.e., the Will was not signed, or the Will was not witnessed, not dated etc.
  2. Lack of testamentary capacity – the person making the Will did not fully appreciate the effect of what they were signing as they lacked mental capacity, usually due to a disease of the mind, such as dementia.
  3. Undue influence – the person making the Will was unduly influenced by someone into making the Will.
  4. Fraudulent calumny – this is an archaic way of simply describing fraud in relation to a Will. Usually, two or more persons have conspired to make a false Will on behalf of the Deceased.
  5. Lack of knowledge or approval – where the person making the will has mental capacity to make the Will but is not aware of the full effect of the content.

Challenging a Will under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) provides a method whereby a Will can be challenged on the grounds that reasonable financial provision has not been made. Certain people can claim for reasonable provisions if they have been left out of a Will or not been adequately catered for, based on their needs. For example, spouses, partners, children, and others who relied on the deceased financially.

Whether or not you can claim, and how much you can claim, will depend on your financial circumstances, the estate and the circumstances of other beneficiaries. Our solicitors will give you a clear indication of your rights and the outcome you can expect, helping you plan for your future while we take you through the claim process. The factors the court will consider can be found here: Challenging a Will under the Inheritance Act 1975 – Blaser Mills Law.

Removal of executors

Executors have a duty to follow the instructions in the Will and the law. If you feel that they are not following the Will or are delaying the process, it can be most effective for the beneficiaries to remove an executor.

Blaser Mills are the go-to firm in the Thames Valley for private wealth disputes, especially those concerning property and estates.

LEGAL 500

Contact us

For our help with contesting a Will, or to simply discuss your options, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

TOLATA claims

When relationships between couples, family members and friends break down, the last thing you want to worry about is what will happen to your home. There is legislation and case authority which protects people who own a house together but are not married.

Obtaining the right legal advice early in a dispute is essential for protecting your financial interests. When emotions are running high, we’ll be straight-talking, approachable, knowledgeable and level-headed when you need to resolve a matter.

For advice from our expert private litigation team on your situation, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

Unpicking the complexities of the law

Family law is traditionally used to decide how families divide assets. However, for families, friends and couples that are unmarried but own or live in properties together, you will need to speak to one of our dispute resolution solicitors if there is a disagreement about ownership of a property or properties. Our team has a deep understanding of the Trusts of Lands and Appointment of Trustees Act 1996 (“TOLATA”). We have helped many clients like you reach a positive outcome, whether you’re the legal owner or a non-owner.

When your home and finances are at risk, we believe it is essential that you fully understand the potential risks, rewards and costs of any chosen course of action. This is why our solicitors will make it clear exactly where you stand in terms of the law, and then take you through your options for resolution. Going through a TOLATA claim is a complex process and we’ll use our years of experience to advise you at every step of the way.

What is a TOLATA claim?

The Trust of Lands and Appointment of Trustees Act 1996 (TOLATA) is in place to protect cohabitees and settle property ownership disputes should a relationship or informal agreement break down. When a TOLATA claim is navigated effectively with the right legal advice, it can enable parties to reach settlement and protects  an individual’s beneficial interest in a property, whether or not they are on the title deeds.

There are many reasons why you might want to start a TOLATA claim, for example, you may want to force the sale to recover your financial interest, or you might want to move back into your home when an ex-partner or friend refuses to leave.

Parents and grandparents who are creditors for the property might also want to recover their financial interest in the property.

The TOLATA process

A TOLATA claim usually starts with exploring alternative dispute resolution (ADR) routes, which is a way of coming to an agreement outside the courts, often through mediation. If you can come to an agreement in this way, it is more likely that one of you will be able to keep the property, as court outcomes tend to state that the property will be sold, and the lump sum is divided in a certain way. For this reason, ADR is more cost-effective and generally more practical. Our dispute resolution team has helped many clients settle matters this way, quickly.

If you can’t reach a resolution, however, you will need to follow court proceedings. The process involves clearly outlined steps to follow, and we will take you through each one to make sure every box is ticked, and you are in a strong position for success.

Contact us

For advice from our expert private litigation team on your situation, call Matthew Whipp on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

Professional negligence

If you’ve lost money as a result of poor professional advice, there are steps you can take to mitigate your losses. You don’t need to accept that mistakes were made, deadlines were missed, or that advice was misjudged.

We can help you dispute the bad advice you received in a pragmatic and cost-effective way, making sure you are compensated for any loss you suffer.

For advice from our expert private litigation team on your situation, call Jonathan Lilley on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

Clear and supportive legal advice

We’re known for our calm, focused and personable approach. We work closely with our clients to relieve the pressure disputes undoubtedly bring. Our aim is to reassure you by giving you a clear picture of your situation, your options and the most effective way of claiming compensation. Raising a professional negligence claim needs to be cost-effective for the process to be worth the time and the money, which is why we tailor our costs and approach to suit each situation.

We know that private litigation is daunting for many of our clients, and it is our job to take the stress out of the process. When you work with us, you can expect a prompt and responsive service, with a dedicated point of contact available at all times. We will always provide clear and honest advice on the merits of your claim, ensuring you always know what to expect, from both the procedure and the outcome, so you feel in control at all times.

How to start a professional negligence claim

You usually need to issue the claim within six years of the date the negligence occurred, but this is not always the case. Our solicitors can advise on ways to take action, even if it has been over six years. We will listen to your situation and let you know early on whether we think you have a strong case and what you can expect from the outcome.

A successful claim for professional negligence will need to demonstrate three requirements. You must be able to show that:

  1. A duty of care was owed by the professional;
  2. The professional breached that duty; and
  3. The breach of duty caused loss.

You might not hold the answer, and it is our team’s job to investigate the matter for you and clarify any grey areas to build a compelling case in your favour.

Our professional negligence claim experience

Professionals have a duty of care, and if you feel there has been a breach of duty, you may have a strong claim. We act for businesses but also for private individuals, and we can advise you in connection with potential claims against accountants, financial advisers, solicitors and barristers, surveyors and valuers, tax advisers, architects and engineers.

Situations such as advising beyond their area of expertise, missing deadlines, overlooking important details, making errors on documents and unreasonable delays can all be claimed against. The crucial aspect of all claims is that it was at your detriment – meaning you lost money as a result.

Guiding you through the process

Getting in touch with our team early in the dispute can make a huge difference to the success of your case. You have a duty to mitigate your losses, which means that after the negligence happens, you need to try to avoid losing the money. You will also have to prove you took reasonable steps to reduce any losses suffered when you raise a claim. By working closely with you from the outset, we can outline the steps you should take to demonstrate that you have acted in the right way.

Finding a suitable resolution

Our aim is to recuperate the financial loss you incurred, so you get back the money you lost after the malpractice. Where possible, it can help relieve some of the stress to resolve the matter through alternative dispute resolution, often referred to as professional negligence pre-action protocol. This process involves coming to an agreement with the other party, which is usually quicker and can be the most cost-effective route for you.

Some professional negligence cases are resolved through court proceedings, and if this happens, we will support you to create a watertight case and guide you through the entire process.

Making your claim cost-effective

We know that entering into a professional negligence dispute is daunting, especially if you are concerned about covering the legal costs should the other party win the case. However, there are options open to you if you do face paying the opposition’s legal costs, including insurance known as ‘after the event’ policies.

We are always clear from the outset about your chances of winning and what you can expect should you lose. We will take you through your options, the implications and advise you on how best to proceed.

Contact us

For advice from our expert private litigation team on your situation, call Jonathan Lilley on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

Private litigation

Disputes affecting your personal life can be extremely stressful.  You may be wondering how to resolve things quickly and cost-effectively. Having legal experts to take you through the entire process can give you peace of mind when you need it most. We are robust with our opponents, commercial with our advice and clear in our approach.

Private litigation is a highly emotive area of law. Our team of private litigation lawyers comes highly recommended and we have a broad range of experience and expertise. Whether you’re contesting a will, in dispute with a tenant, landlord or neighbour, on the receiving end of negligent professional advice or any other manner of dispute, we are on hand to provide you with a clear roadmap to resolution.

We will quickly get to grips with your situation and do everything we can to give you clarity on your position and ensure you are protected.

Before taking any further steps, call Jonathan Lilley on 020 3814 2020 or email litigation@blasermills.co.uk. Alternatively, fill in our contact form.

About us

At Blaser Mills, our experienced team of private litigation lawyers support individuals through a range of personal disputes with empathy and understanding.

Our private litigation lawyers represent clients in matters including:

  • Disputed Wills and Trusts
  • Estate administration / executor disputes
  • Inheritance Act 1975 claims
  • Proprietary Estoppel claims
  • Professional negligence
  • TOLATA claims

We are experienced in helping resolve disputes outside of the courtroom through alternative dispute resolution (ADR), mediation and negotiation. We are able to effectively settle a large proportion of our cases via ADR before reaching the steps of the court.

Our solicitors are ranked in the Legal 500 and Chambers UK legal directories, as private litigation specialists.

How we will support you

We understand how emotional your case may be; especially if it’s your first legal dispute.  Our team prioritises your personal interests and relationships while explaining your legal options clearly and without unnecessary legal jargon.

We will investigate the background to the dispute and explain the strengths and weakness of your case. We’ll then provide a tactical framework to protect your legal position and achieve your desired outcome.

Private disputes can be complex. As a full service law firm we have the benefit of being able to call on the expertise of the other teams we work with. In particular, we work closely with our wills and probate team, property lawyers and the commercial team to ensure you receive the best advice for your unique situation.

We encourage resolving disputes through ADR, such as mediation, before litigation becomes necessary.  Your team will explain how this works in practice and why it is so valuable.

Our lawyers work hard to ensure you always feel in control. We know that the law can be complex but our lawyers will explain the legal process in simple terms, making sure you understand what any implications that may arise.  

We understand you might be concerned about the cost of being involved in private litigation. That’s why our pricing structure is fully transparent , giving you certainty on legal costs and peace of mind.

Contact us

For urgent advice from our expert private litigation team, call Jonathan Lilley on 020 3814 2020 or email litigation@blasermills.co.uk. Alternatively, fill in our contact form.

Challenging a Will under the Inheritance Act 1975

Posted on by fluroltd

There has been much media attention that focuses on cases where adult children have been left little or nothing in a parent’s Will and have sought to challenge this. Series such as ‘The Inheritance’ delve into the family infighting that can occur upon a person’s death.

It is no secret that family relationships can be immensely complicated. Shakespeare wrote in King Lear, “How sharper than a serpent’s tooth it is to have a thankless child”.

However, no matter how bitter the fall out, the truth is that there is nothing to stop a person making a Will that is particularly capricious or downright spiteful.

In light of this, the question many will ask is what can I do if I have been left out of a Will or left a small percentage of an estate? What can I do if I wish to challenge a Will?

The Inheritance Act 1975 (Provision for Family and Dependants) Act 1975 (“the Act”) provides a method whereby a will can be challenged on the grounds that reasonable financial provision has not been made. This should not be confused with whether the person making the will was acting unreasonably.

In this article I will provide a brief overview of the initial steps to take if you wish to challenge a Will on the ground that reasonable financial provision has not been made to you. Nothing in this article should be used as a substitute for proper legal advice.

  1. What is reasonable financial provision?

The question of what constitutes reasonable financial provision depends on a number of factors, such as to what, if any, extent you were financially dependent on the deceased and your relationship to the deceased. The court will expect you to show that you require the reasonable financial provision. The Inheritance Act does not exist simply to give a capital lump sum to anyone making a claim, the court’s starting point is quite the opposite.

2. Who is eligible to bring a claim?

Section 1 of the Act lists those who can bring a claim which includes:

a) the spouse or civil partner of the deceased;

b) former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;

c) a child of the deceased;

d) any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family;

e) any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.

3. How long do you have to bring a claim?

You have just six months from the grant of probate being issued to make a claim for reasonable financial provision from an estate pursuant to the Act. Most people are unaware of this short timeframe for making a claim, especially given that the months immediately following the death of a relative are usually somewhat chaotic. The court will consider applications that are made out of time, however you must have a very good reason for delaying the application and evidence of a strong claim against the estate.

4. Factors the court will consider when deciding your case

When deciding whether you should be granted reasonable financial provision from an estate, the court will make an assessment of any award based on the following criteria, set out in Section 3 (1) of the Act:

a) the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;

b) the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;

c) the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;

d) any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;

e) the size and nature of the net estate of the deceased;

f) any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased;

g) any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.

5. Is court the only option?

Court action should always be the last resort once all other avenues are exhausted. Litigation is prohibitively expensive and even larger estates can be whittled down to nothing through a drawn out court battle.

Whilst a formal court application may be the only option if the parties cannot come to an agreement, parties are encouraged to resolve the claim by way of alternative dispute resolution (ADR). The most common form of ADR in estate disputes is mediation.

Mediation is a process that is far less formal than court proceedings. Parties will agree a bundle of documents and exchange mediation position statements in advance of a day of negotiations either in person or virtually.

Unlike a court hearing where a judge will make a decision on the matter which his binding, at mediation the parties are only bound by what they agree on the day if they sign a formal settlement agreement.

How can Blaser Mills Law’s Private Wealth Disputes Team help?

At Blaser Mills we understand the stress caused by being inadequately catered for in a Will and are here to help. If you would like to discuss instructing us to act for you, please call us on 01494 788 998 and ask to speak to the Private Wealth Disputes Team or get in touch by email at mcw@blasermills.co.uk.

Matthew Whipp

Matthew is a Senior Associate in our Dispute Resolution Team. Matthew is an experienced litigator with particular expertise in contentious probate, property litigation and TOLATA claims.

Matthew takes a pragmatic approach to disputes and is commercially minded. Matthew’s unique insight comes from his varied experience of working for individual and business clients. Matthew has acted for a wide variety of clients, from large PLC’s such as airlines, to SME’s and high net worth individuals.

Matthew prides himself on being able to settle matters with a common-sense approach and providing advice in plain language, without unnecessary legal jargon.

Jonathan Lilley

Jonathan is the firm’s Executive Chairman, responsible for initiating, managing and promoting the Firm’s key objectives for growth, strategy and continuing prosperity. He is the Firm’s Compliance Officer for Legal Practice (COLP) and sits on the Management board.

Jonathan is also a Commercial Litigator, specialising mainly in areas of property, employment and dispute resolution. He retains and acts for a wide variety of clients in many fields of business, including international freight forwarders, IT companies and property investment companies, primarily in the Small to Medium Enterprise (SME) sector. As an employment lawyer, he is particularly sought after for representation of those involved in managing high value and/or difficult severance packages for employer and employee alike. With 30 years of practising experience Jonathan is recommended in The Legal 500 UK guide.