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Inheritance and Will Disputes
Sometimes when a loved one passes away there can be issues over the distribution of their estate, even where a Will has been made, this is not necessarily the end of the matter.
Legal issues amongst families and friends can be distressing and contesting a Will can be difficult and emotional for all involved. This is where our expertise and experience counts. When disagreements arise about an estate, you would hope that matters can be resolved between all those affected without incident. However, the harsh reality is that such disagreements can often be divisive when there are challenges to a Will.
How can we help?
Pearson Solicitors specialist Inheritance and Will Disputes Department have the experience to advise you fully in what can often be a very difficult time and have experience in dealing with cases including:
- Claims under the Inheritance (Provision for Family and Dependants) Act
- Contesting Wills
- Removal of executors
- Entering and removal of Caveats
- Applications to the Court of Protection regarding Enduring Powers of Attorney, Lasting Powers of Attorney and Statutory Wills
Inheritance (Provision for Family and Dependants) Act 1975
Where the distribution of an Estate, either under a Will or Intestacy, fails to make reasonable financial provision (or no provision) you may be able to bring a claim against the Estate of the deceased. Spouses, cohabitees, children and other dependants can potentially bring a claim. If you believe that you may be eligible to bring a claim you must act fast as there is a limitation of 6 months from the date probate is granted to bring a claim. In certain circumstances, the Court may grant permission to bring a claim outside of the time limit. It is, of course, paramount that advice is sought as soon as possible.
Contesting a Will
A Will may also be contested where it is believed that the Will is invalid. Where there are concerns as to the mental capacity of the person who made the Will or concerns that pressure (‘undue influence’) was placed upon the deceased at the time the Will was made; or where the Will has not been executed correctly. If you have any concerns regarding a Will and want to challenge it you must not delay in seeking advice.
Laura Pracy is a specialist Solicitor in our Inheritance and Will Disputes Department. If you want to have a free initial, no obligation conversation with Laura about your case, call her on 0161 785 7291.