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 reality is that such disagreements can often be divisive when there are parties contesting a Will.

How we can help you.

Call us today on 0161 785 7291 (or fill in the form and we'll call you back) and we'll provide a no obligation, no cost initial consultation to assess your case. We'll discuss the next steps with you and discuss funding options including if we can work on your claim on a No Win, No Fee basis.

Working with clients across England and Wales, Pearson Solicitors are specialists in Inheritance Act claims and Will Disputes with 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 1975
  • Contesting a Will
  • 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 - ('Inheritance Act')

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 an Inheritance 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 an Inheritance 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.

Contact us

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.

 

Inheritance and Will Dispute News

Grounds for contesting a Will: Understanding the terms of the Will

For a Will to be valid, the person making the will (the Testator) must have ‘knowledge and approval’ of the contents of the Will. This requires that the Testator has understood what was in the Will when it was signed and also understood what...

Can you make Inheritance Act claims if the time limit has passed?

Inheritance Act claims ; can you claim if the time limit has passed? The short answer is yes; at the Courts discretion. The six month limitation on Inheritance Act claims has been subject of debate in many cases. Recently in the case of Mrs Shantabi...

What can a beneficiary do if there is a delay in the executor/administrator administering the estate?

The recent case of Gaskin v Chorus Law Ltd & Anor provides guidance for beneficiaries. This is a common problem experienced by beneficiaries Eileen Gaskin died, intestate , in 2012 and a year later her daughter Marquita Murphy instructed Chorus Law to...

Undocumented Inheritance Promises Receive Greater Recognition in the Courts

Can verbal promises be expected in Law in an inheritance situation? The answer is: sometimes The recent case of Thompson v Thompson (2018) highlighted the increasing frequency with which families end up in court over undocumented promises. These...

Can a Will be disputed? A recent decision from the courts

The Courts are generally reluctant to overturn a Will and the threshold to disputing the validity of a Will is particularly high. When a Will is made the most common reasons for contesting a Will are a claim of lack of testamentary capacity or a claim...