Inheritance and Will Disputes

Contesting a Will and the estate of a loved one can be awkward and extremely distressing.  Naturally, as inheritance and Will dispute solicitors (otherwise known as contentious probate solicitors), we understand the sensitivities and the emotions involved.  From the outset we will provide you with reassurance and a realistic assessment of your case.

Grounds for contesting a Will

The most common grounds for contesting a Will include the following:-

1. The Will was made against the deceased’s wishes i.e. undue influence has been applied.
2. The deceased lacked the mental capacity to make a Will.
3. The deceased was put under pressure to make a Will.
4. Lack of formality ie the Will was not witnessed by two individuals.
5. Fraud and forgery.
6. The Will has made no provision for a close member of the family or dependant when they should have been included (such as an unmarried partner, spouse or young child).

How can I contest a Will?

If it can be established that the deceased did not have the relevant mental capacity or was subject to undue influence an application can be made to court requesting that the will be declared void.

If a Will has made no provision for a close member of the family or a dependant, a claim for reasonable financial provision can be made pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.  To bring such a claim, it will need to be issued within 6 months of the date of the Grant of Representation and that one of the following applies:-

1. You were married to the deceased (but if you divorced under a Clean Break Order you cannot apply); or
2. You were an unmarried partner of the deceased and lived with him/her for more than 2 years (this is includes same sex couples); or
3. You were a child of the deceased or treated as a child of the family; or
4. You were a dependant of the deceased, for example, if the deceased was paying maintenance to you.

We can help

We have one of the largest departments dealing with inheritance and will disputes in the Midlands.  Our experienced team includes a member of the Association of Contentious Trust and Probate Specialists and a solicitor-advocate (all Higher Courts).  The team have in excess of 25 years worth of experience in dealing with these type of cases.

Funding

We are always happy to discuss the different ways in which you can fund a claim including fixed fees and conditional fees (no win, no fee) agreements.