C-PAID: Providing advice about inheritance disputes and contested probate

Advice

Hello, and welcome to the first of CPAID’s posts about inheritance disputes and contested probate.

We have created this blog to provide advice to those people who have a genuine need to challenge a Will made by a loved one. It is hoped that we can provide guidance to those who need to contest a Will, and perhaps even have their cases referred to specialist inheritance dispute solicitors who will act on a no win no fee basis.

The death of a person may give rise to various reasons to challenge a Will.

Direct entitlement

It may be that you need to ensure that executors provide you with your entitlement, or alternatively, that you need to take steps to prove that you qualify to receive an entitlement.

Indirect entitlement

Maybe the last Will is invalid for some reason, perhaps because the Will-maker did not comply with proper formalities, or lacked the mental capacity to produce a Will, or was not properly aware of its contents. Perhaps the Will-maker was a victim of some undue influence or it may even be the case that the Will is a forgery. If the last Will is invalid for any reason, and you benefit under the terms of a previous Will (or the laws of intestacy if applicable), you may wish to consider contesting probate.

Pre-existing rights over property

Perhaps you have acquired rights over a loved-one’s property that outweigh the terms in the Will. If so, it would be wrong for the Will-maker to make provisions in a Will that have the effect of depriving you of your entitlement. This might arise if you have provided services or benefits to the Will-maker, in return for a promise that you would receive provision through the estate, but that provision is not made. It could be that the Will-maker made a deal with another person for both of them to make Wills that ultimately benefit you, but the Will-maker reneged on the agreement when it was too late for the other to do anything about it. Maybe provision was made for a different beneficiary, who was secretly expected to pass that benefit on to you. It may even be the case that you have acquired rights in the Will-maker’s property by providing a financial contribution towards the same, but the Will fails to acknowledge those rights.

Need for reasonable financial provision.

It may simply be that you need provision from your loved one’s estate in order to help you to make ends meet. The Will might fail to make suitable provision for you in unreasonable circumstances. If so, and you need provision from the estate for your reasonable financial maintenance, you may have reason to challenge the Will.

Our panel of specialist inheritance dispute solicitors can assist with claims to: –

  • Secure an award from the estate when you are not a beneficiary.
  • Enforce any pre-existing rights that you might have over the Will-maker’s property.
  • Challenge the Will when there are reasons why it is invalid.
  • Secure your existing entitlement.

We are here to help

Whatever your concern, contact us for free advice about whether you have a good claim. If you have a strong case, our panel of specialist inheritance dispute solicitors will likely act for you on a no win no fee basis.

This article was featured on Medium

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