Resolving family disputes in The Gambia

What legal issue lies behind the family disagreement?

A dispute between relatives may involve several areas of law. An argument about a family home could concern ownership, an estate, occupation or a promise made when money was contributed. A disagreement about handling an older relative’s affairs may turn on authority and the person’s own wishes.

Start with what has happened and the practical outcome you need. Explain who owns the relevant asset, who has acted, what was agreed and what is now disputed. The legal position should be assessed from the evidence rather than family assumptions about seniority or entitlement.

Solie Law Chambers advises individuals and families on Gambian matters, including instructions from relatives living abroad. The first review helps identify the appropriate service and any urgent step.

What records and authority should be checked?

Useful documents may include property records, payment receipts, agreements, wills, estate papers, powers of attorney and relevant correspondence. Prepare a short chronology and identify the people directly involved.

Being a close relative does not automatically establish authority to sell property, withdraw funds, sign documents or instruct a lawyer for someone else. If you are acting on another person’s behalf, explain the basis of that authority and whether their wishes can be obtained directly.

Where there are concerns about vulnerability, pressure or misuse of money, describe specific events and any immediate risk. Keep records safely and use only information you are lawfully entitled to access. Do not circulate sensitive family documents more widely than necessary.

Can the disagreement be resolved without court proceedings?

Sometimes a review of the documents clarifies the position enough for a practical agreement. In other cases, a carefully framed letter, negotiation or an appropriate facilitated discussion may help. The suitability of each route depends on the relationship, evidence, power imbalance and any safety concern.

An agreement should identify who is bound, what each person will do, the timetable and any documents or approvals needed. A promise to divide or transfer property may require further legal work before it takes effect. Estate assets also require attention to the authority of the person administering them.

If proceedings are needed, discuss the remedy sought, evidence, cost and practical prospects. The aim should be a legally workable outcome that addresses the actual dispute.

Which service is relevant to my situation?

• Marriage and divorce: separation, the applicable marriage law and connected financial questions.
• Children’s matters: custody, contact, maintenance and travel concerns.
• Wills, inheritance and estates: a deceased relative’s assets or planning for your own estate.
• Powers of attorney: authority to act for someone on specified matters.
• Property disputes: contested title, occupation or a failed property transaction.
• Civil litigation: a claim or defence concerning private rights or money.

You do not need to choose the correct category before contacting the firm. Give a brief account and mention any sale, hearing, travel plan or other deadline.

What if family members or assets are abroad?

Identify the countries involved and any lawyers, administrators or proceedings already in place. Different assets may require different legal steps. A person helping locally should have clearly defined authority, especially where their interests may differ from yours.

We will need to establish who the client is and whether the firm can act before reviewing confidential details from several sides of a dispute. Agree the scope and cost of the first stage, including any document review or advice needed in another country.

Separate the shared issue from individual interests

Make a list of the decisions in dispute and identify who is affected by each. A family disagreement may involve ownership, estate authority, children or financial support, with different people entitled to participate.

Record any point already agreed and the evidence supporting it. Do not treat a family meeting’s conclusion as authority to sell property, distribute an estate or change a court order without checking the legal position.

If several relatives want to instruct the same firm, explain any differences in their interests at the beginning. The lawyer needs to establish the client and whether joint representation is appropriate. Separate advice may be needed even where everyone initially describes the goal as keeping the matter within the family.

Related guidance

• Personal and family services
• Estate administration
• Group and committee instructions