Court of Protection and Attorney disputes

Top tier ranked law firm for contentious trusts and probate

Independently accredited by the legal 500 and Chambers UK

Dedicated team of specialist solicitors

Clear understanding of complex and high value cases

Members of ACTAPS and STEP

Lexcel Legal Practice Quality Mark (The Law Society Accredited)

Helping protect you and your loved ones in later life

With an ageing population, it is an unfortunate reality that more and more of our elderly relatives may suffer mental decline in later life.

At what is already a difficult time, matters can be made worse if you are concerned that a person is trying to take advantage of your loved one, or if a person appointed to manage their financial affairs is not doing so properly. Whatever your situation, our expert team can advise you on the options available.

What issues may arise for an elderly person who has lost capacity?

You may be concerned that someone is trying to take advantage of your loved one for their own financial gain

Sadly disputes often arise between family members who have different views about how their elderly relative’s financial affairs should be managed in later life. If their elderly relative did not prepare an Enduring or Lasting Power of Attorney then this can make matters more difficult. We have assisted clients with applications for a Court appointed deputy who can help support families independently through this difficult time.

We have helped clients to investigate concerns about inappropriate uses of their loved one’s finances. We can also provide advice in circumstances where you have concerns about your loved one not having a will, or perhaps being encouraged to make a will or a substantial gift when you feel they lacked capacity to understand what they were doing.

You may have concerns that a person appointed as an attorney or a deputy is mismanaging your loved one’s financial affairs

Certain individuals may be appointed to manage a person’s financial affairs once they have lost capacity. This could either be through an Enduring or Lasting Power of Attorney prepared by an individual before they lose capacity, or through the Court appointing a deputy after the individual has lost mental capacity.

Either way, any person appointed as an attorney or a deputy has a vitally important role in managing your loved one’s financial affairs in the most appropriate way. If you are concerned that this is not happening, we can help you investigate the position and, if necessary, seek removal of the attorney or deputy.


Our credentials

Amanda Noyce (Band 4) is head of the inheritance and trusts disputes group at Royds Withy King 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.” Chambers 2017 UK-wide

“Royds Withy King ‘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.” Legal 500 2016 South West


[The team provided] wise advice throughout and were very clear and honest about costs and the chances of success. Everything I was looking for. I am most grateful.
Mr D Bartlett

FAQs

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.

 

 


Contact us now to find out how we could help you achieve the best results for you, quickly and efficiently.