Property & asset disputes

What do property and asset disputes involve?

Property and asset disputes can be quite complex and often very upsetting for those involved. If, as a child of a deceased person, you believe you are entitled to a property or certain assets, Stephensons may be able to help you. As a child of the deceased you would be able to make a claim under the UK Inheritance (Provision for Family and Dependants) Act 1975.

Historically, the Courts have been reluctant to make provision for some able bodied adult children under this Act, but such cases now receive greater understanding towards these claims. Even if you have been estranged from the person who has passed away, this technically would not affect your eligibility to make a claim against their Will under the Inheritance (Provision for Family and Dependants) Act 1975.

What if a Will has been changed prior to death?

If you believe a person’s Will has been changed prior to death which as a result has affected a property or other assets you believe you are entitled to inherit, Stephensons may be able to investigate this for you. In past cases our legal specialists have found evidence showing a transfer (such as a property) took place before a person passed away, but the validity of the transfer may be invalid for a number of reasons. For example:

• The Will was changed or a transfer was made at a time when the deceased lacked sufficient capacity to make a sound decision
• The deceased was influenced by another party
• The Will was changed or a transfer was made in an attempt to defeat someone bringing a claim against the estate after death (often due to the value of a property or assets)
• Fraud

If one of these situations sounds similar to a dispute you are experiencing and an asset or property has been transferred out of the deceased’s estate whilst they were alive, Stephensons may be able to help you make a claim.

The fact that the assets or property were transferred prior to their passing, does not mean that the transaction cannot be challenged, in particular if the deceased was elderly or vulnerable. Our team has vast amounts of experience working on similar cases and will be happy to discuss your situation to find out if you may be eligible to make a claim. Property and asset disputes are very complex and we would strongly advise that you seek specialist legal advice at the earliest opportunity. Our team of inheritance dispute solicitors can advise you in relation to any aspect of contentious probate.

Get in touch

If you would like to discuss your situation with one of our expert inheritance solicitors in regards to a property or asset dispute, call Stephensons solicitors today on 01616 966 229.  Alternatively, you can fill out our online enquiry form and someone will contact you as soon as possible.