If you’ve been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.
Who can dispute a Will?
The time limit for disputing in England and Wales is six months from grant of probate for inheritance act claims. This is a legally fixed time period. Some of the people who may be entitled to claim include people who had a relationship with the deceased such as:
- wife or husband
- defacto or same-sex partner
- former spouse or de facto partner
- child, stepchild or grandchild
- parent of a child of the deceased
- parent, brother or sister
- someone who was financially dependent on the deceased
- carer of the deceased
This is a very general guide only so please contact me to discuss your particular circumstances.
What if I don’t believe the Will was valid?
You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
How do I make a claim?
Firstly, contact me, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing. I will contact the executors and notify them of your claim. I will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved then I can lodge documents with the court to initiate proceedings. I can still negotiate and in some cases, mediation will be required by the court.
Failing all else, I will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.
I can help
At every stage of contesting or challenging a Will, it’s important to have sound, experienced legal advice. I have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court I also have the skills to fight on your behalf.