Inheritance Disputes – Bridgewells

Final wishes not carried out?

Losing a loved one is hard. Discovering their wishes weren’t carried out makes it so much worse.

We work with specialist inheritance dispute solicitors to help you understand your options and, if appropriate, make a claim.

Inheritance disputes on the rise

1 in 4 people seek to bring a claim against an estate.

If you are going through one, you will know how all-consuming it can be. The questions, the uncertainty, the feeling that something just isn’t right. We are here to help you get answers and, where appropriate, take action.

We have extensive experience on both sides of inheritance disputes, helping clients challenge estates where wishes weren’t carried out, and defending estates against unfounded claims.

Whatever your situation, we understand the process and can help you work out the right course of action.

Grounds for challenging a Will

Every situation is different, but there are recognised legal grounds on which a Will can be challenged. If any of the following sound familiar, or you are simply not sure whether something is right, talk to us and we’ll help you work it out.

Did they have the capacity to make a Will?

A Will is only legally valid if the person who made it fully understood what they were doing at the time. If there is evidence that they were suffering from dementia, mental illness or were heavily medicated, the Will may be open to challenge.

Was the Will made under pressure?

A Will must be made freely and without coercion. If someone was pressured, manipulated or controlled into making or changing their Will, whether by a family member, carer or anyone else in a position of trust, the Will may not reflect their true wishes and could be challenged.

Did the Will meet the legal requirements?

For a Will to be legally valid, it must be signed and witnessed in a specific way. If the correct process wasn’t followed, for example if the witnesses weren’t independent or weren’t present at the same time, the Will could be declared invalid regardless of what it says.

Could fraud or forgery be involved?

If a Will appears to have been forged or created under false pretences, it can be challenged. This includes situations where someone else signed in the deceased’s name or where the document itself is not genuine.

Were you left out of a Will you should have been included in?

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people have the legal right to make a claim against an estate if they were not reasonably provided for. This includes spouses, former spouses, children, cohabiting partners of at least two years, and anyone who was financially dependent on the person who died.

If you believe you should have been included, or that what you were left is not reasonable given your circumstances, talk to us and we’ll help you understand your options.

FAQ

What do I do if I think something isn't right?

The first step is to talk to us. You don’t need to have all the answers or be certain that something is wrong. If something doesn’t feel right, we can help you work out whether you have grounds for a claim and what your options are. There is no pressure and no commitment.

Is there a time limit for challenging a Will?

The time limit for challenging a Will varies depending on the grounds. In most cases you have six months from the date Probate is granted to make a claim under the Inheritance Act 1975. For other grounds such as fraud or lack of capacity, the time limit can be longer, but acting sooner is always better. If you are concerned, talk to us as soon as possible.

What happens if my claim is successful?

If your claim is successful, the court can amend or overturn the Will, or make a financial provision order requiring the estate to make reasonable provision for you. The outcome depends on the grounds of your claim and the strength of the evidence supporting it.

Will contesting a Will damage family relationships?

It can, and it is worth being realistic about that. However, many disputes are resolved without going to court, through negotiation or mediation. We will always help you understand the likely impact and explore the least confrontational route available to you.

Can I challenge a Will if I was never mentioned in it?

Yes, in some circumstances. If you were financially dependent on the person who died, or if you believe you were deliberately excluded without reasonable cause, you may have grounds to make a claim even if you were not named in the Will.

Talk to us and we will help you understand whether your situation qualifies.

Talk to us today

Whether you’re ready to get started or just want to understand your options, we’re happy to help.

Fill in the form and we’ll be in touch, or give us a call.