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The death of a loved one can be a distressing and difficult time. We understand the need for sensitivity when dealing with will disputes and we can help.
Our dispute specialists can offer an initial appointment for a fixed fee of £120 (inclusive of VAT) to discuss bringing or defending a claim.
Some common situations where you might need professional legal advice to resolve a disagreement over a disputed Will include:
Inheritance Act claims
When someone has died you may be able to make a claim under the Inheritance (Provisions for Family and Dependants) Act 1975 ('the Inheritance Act') if you believe you have not been reasonably provided for.
To pursue a claim, you may be any one of the following
- wife, husband or civil partner of the deceased
- a former wife, husband or civil partner of the deceased who has not remarried
- you lived with the deceased for at least two years before their death
- a child of the deceased
- you were treated as a child of the deceased
- you were financially supported by the person who died up until their death
To bring a claim under the Inheritance Act you will need to show what you have been left is not enough to meet your needs. This is entirely based on your individual circumstances.
For example, amongst other considerations:
- if you are bringing the claim as a spouse or civil partner, the court will consider your age, the length of your marriage/civil partnership, your contribution to the welfare of the deceased's family and what provision you may reasonably have expected had the marriage been ended by way of divorce rather than death.
- if you are a child of the deceased, being estranged from your mother or father would not necessarily effect your eligibility to bring a claim.
Timing is absolutely crucial when bringing an Inheritance Act claim. Any such claim must be made within six months of the Grant of Probate.
We can discuss your entitlement and guide you through the legal process.
There a number of grounds to challenge a Will:
- the will was not correctly executed (ie. signed and witnessed)
- you believe the deceased did not have mental capacity at the time they made their will
- you believe that another person may have unduly influenced them when they made their will
- you believe the deceased did not know or approve of the contents of their will
- the deceased’s will has been poorly drafted and does not accurately reflect their wishes. Perhaps an error or negligence in the drafting means you have lost your inheritance
- the Will is forged
If any of these situations apply to you, or you are an executor or administrator of an estate and need to defend a claim contact a member of our wills and probate team on 0151 239 1064 for straightforward advice or complete the online enquiry form.