There are certain formalities to be met, regulated by law under the Employment Rights Act. In summary, there will be some essential terms relating to the employee signing away their rights. In addition, the agreement will commonly include terms around any compensation payment to be made, agreed reference and any post-termination restrictions. Terms around confidentiality are also common but subject to limitations, for instance that employees cannot be prevented from making a “whistleblowing” protected disclosure. 

Usually it is the employer who takes the first step in offering a settlement agreement to an employee, however it is possible to request the same from your employer.  Any discussions with the employer would need to be on a without prejudice basis and would usually be termed a “protected conversation”. 

A Will can only be contested on specific legal grounds.  If the party who intends to contest the Will is unable to reach a resolution with the executors and beneficiaries of the Will, then an application will need to be made to court, setting out the basis of the challenge to the Will.

A Will can be contested on a number of grounds:

• lack of capacity
• undue influence
• lack of knowledge and approval
• invalid execution
• the Will is a forgery or a result of fraud
• mistake or drafting errors.

Anyone with a claim against an estate that relates to the content, drafting or execution of the Will can potentially challenge a Will.  The most common claimants are spouses, children, family members or dependants of the deceased and beneficiaries of the Will, or creditors.  Claims can also be made against an estate if a claimant was promised to be remembered in the Will by the deceased, which they relied on, but did not receive.  Close family members, dependants and cohabitees can also make an claim against an estate on the basis that the Will failed to make reasonable provision for them.

Usually, it is important to take advice quickly following a death, for a number of reasons, if you think you may have a claim.  A claim for reasonable provision must be issued within 6 months of the grant of probate  (which can be extended in certain circumstances). Therefore, it is necessary to contact the executors of the estate as soon as possible, to try and reach an agreement, without having to issue court proceedings.  The same time limit does not apply if you are challenging the Will, but it is sensible to proceed as soon as possible, as so as to avoid unnecessary evidential difficulties and to avoid adverse tax or cost implications for the estate. 

It is sensible to engage the services of a specialist solicitor.  They will contact the executors of the Will on your behalf to notify them of your potential claim.  Depending on the type of claim you have, your solicitor may recommend that a caveat is entered to prevent a grant of probate being obtained in respect of the Will.  If resolution of your claim cannot be agreed between you and the executors and beneficiaries of the Will, an application to the court may be necessary.

Once the basis of your claim has been notified to the executors and beneficiaries, the executors of the Will usually take a neutral position in respect of the claim, which is negotiated and progressed with the beneficiaries of the estate.

Each party is responsible for their own legal costs.  An agreement may be reached whereby your legal costs are paid by the estate.  If your claim is determined by the court and you succeed, you can ask the court to determine which party should pay your costs.

The overall cost of  dispute will depend on the issues involved, the number of witnesses and documentary evidence involved, whether expert evidence is needed and the point at which a case is concluded.