Following on from our last article - How to know if a Will has been executed properly – considering lack of due execution - we are now looking at some case law examples. Looking at past case law helps us consider real life cases and how the...
How can we help?
At Stephensons our inheritance dispute solicitors are one of only a small number of dedicated contentious probate teams in the UK. Our solicitors are well experienced in dealing with a wide variety of disputes relating to Wills, estates, trusts and Court of Protection issues.
The death of a loved one is always a distressing time. The stress of the situation can be increased further when the Will is challenged or claims are made against the estate.
If a family member has passed away and what has been left for you in their Will is not what you anticipated, our solicitors may be able to challenge the Will. If you have concerns that it is invalid or that yourself or another family member has been unfairly excluded, we may be able to help.
Alternatively, you may be an executor or beneficiary where a claim is being brought against the estate and you may need advice or assistance in defending the claim.
No matter the nature of your inheritance dispute, whether you are looking to bring a claim or defend a claim, our team will be able to advise you on your case and discuss the funding options available to you. We can advise you on costs, timescales and whether you have a strong case.
Challenging A Will & Inheritance Act Claims
Contentious probate solicitor Jordan Davies provides guidance on inheritance disputes, outlining the grounds on which the validity of a Will can be challenged. Jordan also provides guidance on the categories of people who can bring a claim under the Inheritance Act 1975 due to being left without reasonable financial provision.
Jordan also explains the importance of instructing a specialist solicitor when making a claim of this nature and why Stephensons are well placed to assist you.
Our inheritance dispute solicitors can help with:
- Inheritance Act claims
- Challenging the validity of a Will
- Estate administration disputes
- Executor disputes
- Trust disputes
- Property and assets disputes
- Caveats, warnings and appearances
- Standing searches
- Conducting a Will search
- Court of Protection disputes
Searching for a Will
If you are unsure as to whether someone made a will prior to their death, we can help you conduct a search with Certainty Will Search, who have access to the National Will Register.
Certainty is endorsed by the legal profession who write and store most Wills written in the UK. Certainty not only check the Certainty National Will Register which has over two million Wills allocated to it but they also have a sophisticated Will search system which connects solicitors throughout the UK.
Certainty makes it easy to do all the things you should do, to search for a Will. To search, simply get in touch with Stephensons and we can help you use this service.
Get in touch with out inheritance dispute solicitors
If you are experiencing a dispute in regards to a Will, trust or estate, get in touch with Stephensons today to see how we can help. You can call us on 0161 696 6178 or complete our online enquiry form and someone will contact you as soon as possible.
What our clients say
"Many thanks for your assistance on this matter, which as you have probably realised I have found very distressing given the circumstances. I would like to thank you specifically for your cool calm manner and clear advice from the outset, which I have found very comforting. I also found your candour refreshing and much needed, and also the fact that you are extremely knowledgeable in your specialist area of practice is reassuring." - View from a satisfied client
"Professional, friendly, giving a clear appraisal without legal jargon and a realistic approach to the situation."- View from a satisfied client
"Was treated with respect, friendly staff. Always alert you on the progress of your case whether by writing or by phone. - View from a satisfied client
"A very professional and client focused service which understood my needs." - View from a satisfied client
Inheritance dispute FAQs
How do you resolve an inheritance dispute?
We always aim to resolve inheritance dispute by way of negotiation. Sometimes it is necessary to issue court proceedings but even then, only around 15% of disputes progress all the way to a final court hearing.
Can inheritance be disputed?
There are a number of ways to dispute inheritance. You may feel that the Will distributing the estate is not valid or you may feel that you have been left without reasonable financial provision from the estate.
How much does an inheritance dispute claim cost?
It is difficult to predict the cost of an inheritance dispute as there are many variables. Some cases may settle within a couple of months without the need for court proceedings, others may progress to a final hearing.
How do you avoid an inheritance dispute?
It is always best to try and resolve a dispute prior to the instruction of a solicitor. We will always advise you to explore all other settlement options, and to discuss the matter with the other parties, before seeking to instruct us.
Are there time limits on inheritance dispute claims?
If you wish to bring a claim under the Inheritance Act 1975, court proceedings must be issued within 6 months of the grant of probate. This is a strict deadline and cannot be missed otherwise you will be unable pursue such a claim.
What is contentious probate?
Contentious probate is the area of law dealing with cases involving a dispute surrounding a Will or estate. It can also include disputes involving executors, trusts and administration of an estate.
What is the difference between contentious probate and challenging a Will?
Challenging a Will falls under the umbrella of contentious probate as it involves a dispute relating to an estate.
Will I have to go to court for an inheritance dispute?
We always seek to settle inheritance disputes without the need to issue court proceedings. If court proceedings do become necessary, whether that be due to limitation or the nature of the claim, we still aim to settle before reaching a hearing.
It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.
The national law firm, Stephensons, has reported a 27.14% mean gender pay gap for fixed hourly pay as at 4th April 2022. The firm has reported its gender pay gap in line with the government’s gender pay gap reporting regulations. The...
Staff reorder - wills inheritance
- Jordan Davies
- Louise Hebborn