Wills, trusts and probate
Inheritance disputes
If you were left out of a will, but feel you should have been provided for, our will dispute solicitors can help you make a claim.
A bereavement is always a traumatic experience. Unfortunately, it can also lead to financial uncertainty for those left behind. If you suffer financially due to a death you may be able to apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the deceased’s estate. To do so you must belong to a category of people who are eligible to make such a claim.
Who is eligible to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975:
- The spouse of the deceased.
- A former spouse of the deceased who has not remarried.
- A cohabitee of the deceased provided that he or she had lived with the deceased in the same household for at least two years immediately before the death of the deceased.
- A child or stepchild of the deceased.
- Any person who was financially dependent or maintained by the deceased immediately before the death.
If you fit one of these categories, please get in touch with our will dispute solicitors.
How we can help
Our inheritance solicitors know that, to succeed with a claim, the court must be satisfied that the provision made for the applicant under the deceased’s will (or under the rules of intestacy) is not sufficient.
A number of factors are taken into account by the court when it determines whether reasonable provision has been made. For example, the following are considered:
- The financial resources and needs of the applicant and the beneficiaries of the estate
- Any obligations and responsibilities which the deceased had towards the applicant and beneficiaries
- The size and nature of the estate
- Any physical or mental disability of the applicant or other beneficiaries
There are other factors that will be taken into account, depending on the status of the applicant.
An application for reasonable provision must be made no later than six months from the date of the grant of probate (or grant of letters of administration if there is no will). A court can allow an application after six months has elapsed but only in exceptional circumstances. So, don’t delay in seeking legal guidance from our inheritance claims solicitors.
