Contesting a Will & Inheritance Act claims

Dealing with the death of a loved one can be an extremely difficult time, especially so if you have concerns about the contents of their Will, you have not been provided for. The same is true if someone whom you have depended on financially has died without making a Will and you are not a family member who benefits under the Intestacy Rules.

Inheritance Act claims

At Ellisons we have helped many clients make successful claims under the Inheritance (Provision for Family and Dependants) Act 1975. If you believe you have not been properly provided for the Inheritance Act enables certain persons to make a claim for reasonable financial provision.

If you are:

  • the husband, wife or civil partner of the deceased;
  • the former husband, wife or civil partner of the deceased;
  • someone who had lived with the deceased for at least two years prior to their death;
  • a child of the deceased (or someone who was treated as a child of the deceased); or
  • someone who was being financially supported by the deceased prior to their death

Then you may be eligible to bring a claim under the Inheritance Act.

Claims under the Inheritance Act must be brought within 6 months of the issue of the grant of representation to the estate. If this deadline has passed we may still be able to help, the important thing is to act as quickly as possible.

Challenging the validity of a Will

If you are concerned about the circumstances in which a Will prepared because, for example:

  • the person making the Will was not of sound mind and understanding or did not know and approve the contents of the will;
  • the will was not made with free will and without undue influence; or
  • the will was not signed and witnessed correctly

Then we may be able to assist you with challenging the validity of the Will.

Our Contentious Probate specialists will seek to resolve the matter by negotiation, mediation or other alternative dispute resolution methods where appropriate. This will help to keep your costs down and avoid going to court where possible (although not always avoidable). Our team will discuss the necessary course of action with you and guide you through the law.

If you are a beneficiary facing a challenge to a will or a claim under the Inheritance Act and wish to protect your interest in the estate we may also be able to assist you. If you are an executor or personal representative we are also able to guide you through the legal process in order that you comply with all procedural requirements. 

In the first instance, please contact Associate Solicitor Ceri Rogers on 01206 764477 or ceri.rogers@ellisonssolicitors.com