civil litigation

Disputing Wills

Losing a loved one can be difficult both emotionally and financially.

It is sad that sometimes families and loved ones can find this a time when disputes arise. For example, sometimes people have a shock that the person who has died, has not left his / her estate as people were expecting. Sometimes a wife may find her husband has made no provision for her. Alternatively, a son or daughter might find that siblings have been provided for but they have not, or they have been treated differently.

it may be that it was believed that the person had prepared a will but the original cannot be found.

There are also various ways in which a will may be found invalid. Some are technical and some relate to the circumstances in which the will was executed, including understanding and capacity. Establishing or ruling out grounds can require extensive investigation and asking appropriate questions of the appropriate people in the correct way.

There are also other ways to challenge an estate. Not a lot of people will have heard of the Inheritance (Provision for Family and Dependants) Act 1975. However, the legislation can allow certain categories of people to apply to court to ask the court to make an order that they should get something or more out of the estate. It is a type of claim that needs to be acted upon fairly quickly and early advice should be sought as the time limits to bring such a claim are short.

In most probate disputes, it is appropriate to consider alternative dispute resolution (ADR), to see if the matter can be resolved amicably and out of court. Probate disputes between family can be drawn out and expensive so trying to reach terms of settlement is almost always worth investigating. If you are considering whether to challenge an estate, you should take early advice.

If you want to minimise the risk of a challenge happening to your estate once you die, you should take steps to get your affairs in place now.