Disputed Estates

In general the law does not interfere with how people choose to distribute their property and money when they die. However, the law does give a right to challenge a Will if a dependent is left out of a Will altogether or is left less than expected. We can help you if this situation applies to you.

The Inheritance (Provision for Family & Dependents) Act 1975 allows someone to claim against a deceased’s person’s estate if, for example, you were dependent on them, if inadequate financial provision has been made for you, and if you fall into one of the specified categories of claimant e.g., surviving spouse, civil partner, child or co-habitee. The rules relating to this are complicated.

The other common grounds for disputing a Will are if you do not accept the validity of the Will. Common examples here include:

  • Challenging the mental capacity of the deceased
  • Challenging proper execution or interpretation of a Will
  • If you believe the deceased was ‘unduly influenced’ by a beneficiary of a Will

Our experienced team can advise and assist you in relation to the merits of these claims, as well as discussing how such a claim might be funded and the associated risks of claiming. If you require any further assistance please do not hesitate to contact us.

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