Evans Harvey Solicitors Inheritance Claims and Inheritance Disputes
Inheritance Claims and Inheritance Disputes are becoming more common place The general position is that the law does not interfere with how people choose to dispose of their property and money when they die.
However, the law does provide protection if a dependant is cut out of a Will, or left less well off than expected, which is where our experienced Wills and Probate department can help with your Will dispute or inheritance claim. We specialise in acting quickly to preserve assets and are often involved in emergency injunction proceedings for court freezing orders pending resolution of any claim
The number of people contesting Wills has risen sharply over the last few years as family life becomes ever more complicated. We understand how devastating it can be to be left out of a Will or to not inherit the expected amount. It is not just the loss of any inheritance but also the thought that a loved one such as a parent actually decided to cut you off or leave you far less than you were expecting.
Stephen Hall heads the Wills and Probate department
The majority of Inheritance claims and disputes are resolved through negotiation and mediation without the need for costly and stressful litigation. However, if court proceedings are needed we take a tough approach whilst remaining aware of the sensitivity of the situation and family relationships, which need to continue beyond the Inheritance dispute.
The Inheritance Act 1975 (Provision for family and dependants) allows you to claim against a deceased person's estate if:
- You were financially dependant on the deceased
- Inadequate financial provision has been made for you by the deceased
- You claim within the specified time limits
- You fall into a specified category of claimant such as a surviving spouse, civil partner, child or cohabitee
The other common grounds for a Will dispute or Inheritance dispute the validity of a Will on grounds such as:
- Challenge the mental capacity (testamentary capacity) of the deceased the will was made.
- Challenge the proper execution or interpretation of a Will
- You believe there was another agreement with the deceased before death relating to the estate.