Disputes over inheritance often occur between family members following the death of a loved one, and these disagreements can make an already difficult situation even harder to deal with.
If you are unhappy with your share of inheritance, or there is a disagreement between beneficiaries and executors, we can provide the expertise and experience to help you reach a resolution.
We have partnered with IDR Law, who specialise in helping families reach a resolution during these difficult and sensitive disputes.
As the UK’s only inheritance dispute law firm, they have created an inheritance Claim Checker tool that reassures and advises on next steps if you find yourself in any one of these situations.
➢ Left out of a will or received less than expected
➢ The will was improperly written or signed
➢ You are unhappy with the handling of the estate
➢ The will does not reflect the deceased persons wishes
➢ There is no will
➢ You were relying on inheritance
➢ You promised inheritance that hasn’t materialised
➢ A claim against you has been made which you need to defend
Check if you can Claim Today >>
1 in 3 of us are relying on an inheritance to discharge debt or fund retirement and 1 in 10 of us will simply go into debt without receiving an expected inheritance.
38% of us would dispute a will and potentially go to court if the inheritance received was considered unfair or not what was expected.
IDR Law can provide a clear, practical, and empathetic advice on finding a way forward with your inheritance issues.
Complete the Claim Checker tool today and find out where you stand.
Yes, IDR provide this service free of charge, and until they know enough about the dispute you are involved in for them to decide on what your options are, it is impossible to give an accurate assessment on what actions are likely and at what likely cost.
Once you have submitted your information, your details are automatically forwarded to IDR Law’s Triage Team who deal with each assessment in the order that they arrive each day. Our aim is to respond to all enquiries on the same day or within 24 hours.
(We offer several funding methods, including Pay as You Go, deferred funding, No Win No Fee arrangements, Klarna payment of invoices and even access to Legal Fee funders. It is important to note that which of these we can offer on your case depends on several factors including the nature of the dispute, the value of the estate, the evidence available and ultimately the risks of the litigation itself)
In the UK, people are free to leave their money and possessions to whoever they choose. However, when families disagree over the inheritance, it can be possible to change or dispute the current arrangements. To legally dispute inheritance, you must have the legal right to act.
The courts will consider challenges to the distribution of inheritance based on various legal grounds, such as: • If the will is not legally valid • If you were dependent on the deceased person for financial support • If the distribution of the inheritance is being managed improperly • If promises were made that have not been met
Only certain people connected to the deceased person can legally dispute inheritance. People have the right to make a claim on the grounds above if they qualify by the legal criteria set out within law. This is known as ‘Legal Standing’. When representing our clients for inheritance disputes, the first thing we need to do is establish whether they have legal standing. This relates to your relationship to the person who has died, and can include: • Were you married to them? • Were they your parent? • Were you financially dependent on them? • Are you a direct descendant of them? • Are you included in their current or previous will? • Are you within the time limits to raise a legal dispute? If you do not meet any of these conditions, it may not be possible to dispute the inheritance
Depending on the type of dispute, there can be different time limits to legally challenge inheritance. Some disputes, such as will validity disputes, have no specific time limit, but whatever the circumstances it is important to take advice as soon as possible. The longer the time from a person’s death, the harder it can be to dispute inheritance, for various reasons:
• Gathering evidence
It can be difficult to gather enough evidence to support your case because everything is old. Witnesses may have died or will files and other documents may have been destroyed.
• Overturning previously settled cases
It can be difficult to challenge the administration of an estate that was carried out and settled a long time ago, if it was considered to have been carried out correctly and in good faith at the time. The courts may be reluctant to overturn or interfere with a case that was considered settled, and all decisions made around the estate were considered correct.
• Legal time limits
Claims for financial provision under the Inheritance Act have a six-month time limit from the date of probate to bring a claim. There is then a further four months to enter the claim, giving a ten-month period in total. If this date passes, any future claims would require permission from the courts to bring a claim. The courts would consider whether the was viable reason to bring a claim outside of the time limit.
• Halting probate with a caveat
For will disputes and estate administration disputes, it can be easier to reach a resolution before the inheritance has been dispersed. If you have a valid reason to question the will or the handling of the estate, you can halt probate proceedings by lodging a caveat. A caveat forces the halting of the probate process until the dispute has been resolved between the
Let us take care of it, and book a free consultation with our Berkshire or Kent office.
We would love to speak to you if you have been looking for a trusted provider of wills and financial planning.
