Inheritance disputes

If you have been left out of a Will, or not been properly provided for in the Will or under the the Law of Intestacy (which applies when there is no Will), you may still have a claim.

Examples of circumstances where you may be able to make a claim include:

  • Where you were financially supported by the deceased up to the time they died.
  • Where the deceased failed to carry out certain promises made to you in their lifetime.
  • Where you are what is often described as the “common law spouse” of the deceased, although you would normally need to have been together for some time.

The costs of a claim can be substantial and you will need expert advice in order to say whether you have a claim that is worth pursuing.

It is also possible to contest the validity of a Will, for example, if the Will was not made in accordance with legal requirements.

Where you wish to contest a Will, we may in certain circumstances be able to proceed on a ‘no win no fee’ basis. We can also advise you as regards insurance that may be available against the risk of you being ordered to pay the costs of your opponent. The costs of contesting a Will can be very substantial and so it is very important that advice is obtained as to the merits of a claim and the likely costs at an early stage.

In general terms a claim against an estate has to be brought within six months of the Grant of Administration, which is the Court certified document giving the personal representatives power to deal with the deceased’s estate. This time can soon pass, so it is important to contact us for advice sooner rather than later. Please contact us now to find out how we can help.


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