INHERITANCE DISPUTES

I believe I have been unfairly provided for in a Will; what can I do?

If following the death of a loved one, you believe that you have not been provided for, either in the Will that was prepared by the deceased or because the deceased's estate was dealt with under the intestacy rules because there was no Will then you could potentially have a right to make a claim against the estate. The law does provide protection for people who have been financially dependent on someone who has died, and that protection comes in the shape of the Inheritance (Provision for Family and Dependants) Act 1975. There are certain relationship criteria and timeframes which you must adhere to in order to be entitled to make a claim. You can talk to us to find out your eligibility and your options.

How do I handle a dispute with an executor or a trustee?

An executor is someone appointed by a will to administer the deceased’s estate after their death. A Will can appoint up to four executors to act jointly, which sometimes provides opportunity for disputes arising between the executors as to how the deceased’s estate should be distributed or managed.

If you are currently involved in a dispute with a fellow executor or if you feel that an executor should be made accountable for the way in which the estate of a loved one has been administered then we can advise you on possible solutions.

Alternatively, if you are an executor and need guidance on your responsibilities or advice on how you can protect yourself from claims brought by beneficiaries, then we will be able to assist you.

How can I dispute a Will that has been negligently drafted?

Sadly disputes often arise because a Will has been drafted incorrectly either by a professional or at home.  If you have reason to believe that a Will has been negligently drafted because it did not reflect the wishes of the deceased or was incorrectly drafted and signed, then we can help you pursue a claim for professional negligence.

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When could a Will be invalid?

There are a number of incidences where a Will could be deemed to be invalid for example if the deceased was pressured into signing the Will (this is called undue influence) or if the deceased lacked the necessary mental capacity to sign or to give instructions for a Will. This could happen where the person was suffering from dementia or a comparable mental illness when the Will was drafted.

What are the next steps?

If you are thinking of challenging a Will, it is important to seek specialist legal advice as soon as possible because strict time limits may be imposed and any time delay may prevent you getting the sums to which you are entitled.