Estate disputes
If you find yourself excluded from a Will or have reservations about its accuracy, you may have grounds to contest it. Determining whether to challenge a Will is a significant decision, especially considering potential conflicts with other family members. However, Arlingsworth’s experienced and adept contentious probate solicitors are available to provide guidance and support throughout estate disputes and the process.
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Some individuals draft their own Wills without seeking proper legal advice, leading to issues such as poor drafting and clerical errors. These can result in disputes over the true intentions of the individual. If uncertainties arise, you can pursue an application to the court to interpret the Will and rectify any mistakes. Additionally, misunderstandings may lead to individuals who anticipated inheritance being excluded.
If you believe you’ve been unfairly disinherited, missed out due to someone’s lack of a Will, have suspicions about the circumstances in which a Will was made, or question the mental capacity of someone leaving their estate to questionable beneficiaries, our experienced contentious probate solicitors are here to assist.
Grounds for contesting a Will typically encompass the following:
- Lack of testamentary capacity.
- Undue influence or coercion.
- Lack of knowledge and approval.
- Non-compliance with Section 9 of the Wills Act 1837.
- Forgery and fraud.
Our contentious probate solicitors can provide assistance in various scenarios:
- Contesting a Will: If you suspect the Will was fraudulent or made under undue influence.
- Inheritance Act claims: Advising on potential claims to secure an inheritance.
- Defending executors: Offering guidance to executors and trustees facing claims against the estate.
- Intestacy: Assisting in making a claim when there's no Will, and the deceased died intestate.
- Invalid Wills: Providing advice in cases where the Will is deemed invalid, such as unsigned Wills.
- Family Will disputes: Resolving conflicts where promises made are not honoured in the Will, involving negotiations with family members and HM Revenue & Customs.
- Registering and challenging Caveats.
- Applications to remove executor(s) from dealing with an estate.
If you have been left out of a Will and believe you have a legal right to inheritance, Arlingsworth Solicitors will guide you through the process of contesting it. Our experienced probate solicitors assess whether the Will is legally valid and explore claims under the Inheritance (Provision for Family and Dependants) Act 1975, ensuring that your rights are fully protected.
A Will can be contested on several grounds, including lack of testamentary capacity, where the testator was not of sound mind when making the Will, and undue influence, where the testator was pressured into making certain provisions. Other grounds include fraud, forgery, and improper execution, where the Will does not meet the legal formalities under the Wills Act 1837.
In the UK, the following individuals may have the legal right to challenge a Will:
- Spouses and civil partners.
- Children, including adopted and stepchildren.
- Dependants who relied on the deceased financially.
- Beneficiaries named in an earlier version of the Will.
- Creditors who were owed money by the deceased.
The time limit for contesting a Will depends on the type of claim. For claims under the Inheritance Act 1975, you must file within six months of the grant of probate. If the claim involves fraud or forgery, there is no strict time limit, but legal action should be taken as soon as possible to avoid complications.
If a Will is successfully contested, the court may declare the Will invalid, meaning an earlier Will takes effect. If no previous Will exists, the estate will be distributed according to intestacy laws. In some cases, the court may adjust the distribution to ensure dependants receive a fair inheritance.
Arlingsworth Solicitors will solve your problem by offering expert legal guidance on contentious probate, Will validity challenges, and inheritance disputes. Whether through negotiation, mediation, or court action, we work to protect your rights and ensure a fair resolution.
For legal advice about contesting or disputing a will, contact one of our specialist contentious probate solicitors on 01273 696962 or get in touch for a confidential initial consultation.
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