There are increasing numbers of inheritance disputes according to recent Ministry of Justice figures and we have seen our enquiries increasing. These are the most common to look out for:
- Claims by cohabitees/unmarried couples, where their partner has passed away without leaving a Will, and as a result they have not inherited anything;
- Claims by children, dependants or other family members who may not feel that they have been provided for sufficiently by a person's Will, or under the intestacy rules;
- Homemade, or sometimes even professionally drafted, Wills not being prepared or executed properly, and therefore being invalid;
- Wills which appear to have been forged, and not signed by the deceased;
- Claims where family members are concerned that the deceased may not have had sufficient mental capacity to make their Will, or was unduly influenced into making it;
- Cases where the deceased transferred large sums of money, or property, before they died, and may not have had mental capacity to do it;
- Disputes between executors in relation to the administration of an estate.
Early advice can save a fortune and can often lead to cases being resolved without the need to start Court proceedings. Be aware that some of these cases have very short limitation dates, sometimes just 6 months from the date that a Grant of Probate is issued. It is therefore very important that clients get specialist legal advice as soon as possible.
If you come across any situations like this, please feel free to call our dispute resolution team on 01616 966 229 for advice. One solicitor in our team is a member of the Association of Contentious Trusts and Probate Specialists and therefore can offer specialist and niche advice and a variety of fixed fee and affordable services.