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Our expertise provides much-needed clarity for clients, supported by our highly personal and empathetic approach to client care.
Speak to our expert Anjali Narshi for advice regarding disputed wills & estates today.
Disputed wills & estates in Stratford upon Avon, Birmingham, Cheltenham and Henley in Arden
What is an Inheritance Act claim?
If you have concerns over your entitlement to someone’s estate because they did not leave a will and the Intestacy Rules mean that you will either (a) not be entitled to a share of their estate or (b) not enough provision will be made for you, you may have the right to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”).
Equally, if a will was prepared but you have not been mentioned in it or insufficient provision has been made for you, the Act might still be of assistance. The Act allows specific categories of people to pursue a claim and sets out the factors which the court will consider in deciding whether that claim will be successful.
Who can make an Inheritance Act claim?
- A spouse or partner of the deceased
- An adult child of the deceased
- A child of the family
- A co-habitee of 2 years or more
- A former spouse or civil partner
- Someone who was maintained by the deceased for at least 2 years immediately before their death
How to bring a claim under the Inheritance Act 1975
The court will consider many factors when reaching its decision, such as your financial needs and resources as well as those of any other beneficiary or person entitled to bring a claim under the Act. The court will also consider the size of the estate and the circumstances of the whole case when reaching its decision about whether an award should be made.
This is a complex and developing area of law and your relationship with the deceased and the circumstances of your case will affect the outcome you might expect to secure.
It is also important to note that a claim must be made within 6 months of a Grant of Probate being issued.
If you are outside of this time limit, an application for permission to issue your claim late will first need to be made. You would need a good reason as to why you did not bring your claim within the time limit before a Judge will consider granting your application. Your claim will only be heard if your application is successful.
In recent years the courts have taken a much more lenient approach to granting applications. Therefore, whilst the need to bring such an application is not fatal to a potential claim, it does create an extra hurdle to having your case heard. It is therefore important to act quickly.
Lodders can help assess the strengths of your case and provide guidance on whether a claim might be worth pursuing.
What if a Grant of Probate has been issued?
If a Grant of Probate has already been issued, then it will make matters more complicated but a challenge can still be bought. We would need to consider bringing an application to have the Grant revoked and seek an assurance from the executors that the estate will not be distributed until your challenge has been addressed. However, you must act quickly because if the estate has already been distributed then there will be very little that can be done.
How can an Inheritance Act claim be defended?
Executors (or personal representatives) owe a fiduciary duty to all beneficiaries to act in their best interests and so should remain neutral in any dispute.
If you are an executor or beneficiary and have received notification of a proposed claim, we can assist. We can help assess the strength of that claim, in line with provision made in the Act as well as earlier cases decided by the courts and provide advice on how best to proceed.
Related to Disputed wills & estates
Our other Dispute Resolution services include:
Disputed wills & estates team
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DISPUTED WILLS FAQS
Questions answered
Not sure that this is the service for you? Take a look at some of our frequently asked questions for more information.
A will is a legal document that expresses what happens to an individuals finances, property and assets after their death.
A will may also include other decisions around important responsibilities, such as childcare.
Failing to prepare a will can mean that officials then need to decide what happens to the deceaseds finances, property, assets, children, etc.
Wills can be challenged as invalid on a variety of grounds, including lack of testamentary capacity, undue influence, improper execution, and fraud.
We can help if our client feels that inadequate financial provision has been made, or if they wish to challenge the statutory provisions that apply when no valid will exists. If a will is wrong, or an estate isn’t administered in the right way, we can sue for professional negligence.
Typically refers to someones net worth. This can comprise of land, property, possessions, finances and other valuable items.
This service can be sought at anytime, and serves as a way for someone to ensure that their wishes are carried out after their death.
In recent years, there have been a number of high-profile contested probate cases. These are due to a combination of factors, from clients who are increasingly aware of their legal rights, to the rise in cohabitation, divorce, and remarriage. Both situations have contributed to an increase in disputes over estates.
From interpreting wills and trusts, to settling disputes between executors and trustees, our specialist private client team can handle the most complicated of matters.
Our services include...
• Interpretation of wills and trust provisions
• Disputes between executors and trustees or with beneficiaries
• Professional negligence in will drafting or the administration of estates
• Removal of executors and trustees
• Ownership and interests in property
• Abuse of powers by attorneys
• Challenges to funding decisions made by the NHS and local authority regarding care home funding arrangement
Within our Private Client department, we have an experienced and dedicated team who can handle even the most complicated of matters. From start to finish, we will offer expert knowledge and experience in this highly specialised and technical field.
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