Will Challenges or Challenges Under the Intestacy Rules
We understand that losing someone is painful but when you face a challenge to your inheritance or you feel unfairly left out of a Will, this can add to the already difficult and stressful time you are going through. It can be very upsetting if you discover someone close to you has favoured another family member or friend or has not protected you financially on their death.
Alternatively, if you are not married and your partner died without making a will and you were financially dependent upon them but under the intestacy rules you will not inherit anything. We can advise you whether or not you can make a claim against the estate on the grounds that you were dependent upon them.
If a dispute cannot be resolved through negotiation or mediation, then one of the parties must issue Court proceedings.
If you have been totally excluded from a Will or by the intestacy rules then you may be able to claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. You must act quickly as a claim has to be issued in the Court within six months of the Grant of Probate (or Letters of Administration where there is no Will). In these proceedings you do not need to prove that the person who died was mentally incapable of making a will or that they were coerced into making a will for example.
If you believe that the person making the will was being put under pressure or duress by another person to write their will in a particular way, or they were not of sound mind at the time of making the will, you can potentially make a claim against the Estate if you are able to prove, had they been of sound mind or not been under pressure from another, they would have left you an inheritance or that, had they not made a will at all, you would have inherited something under the intestacy rules.
We will guide you through the process and speak to you in plain English. We provide sensitive and practical, understandable guidance designed to keep costs to a minimum. Where there are risks, we will explain the risks to you before you become committed to proceeding with a claim.
- Chris Elliott
- Partner, COLP, Head of Litigation
Our service includes:
- Advice on liability
- Advice on the value of claim
- Advice on methods of pursuing the dispute
- Advice on settlement
- Advice on the court process