Losing a loved one is an emotionally challenging experience, and dealing with the distribution of their estate can add further stress. When disputes arise over inheritance or the validity of a will, the process can become even more overwhelming. At Van Eaton Solicitors in Streatham, we understand the complexities of probate disputes and are here to guide you through the process with empathy, expertise, and efficiency.
If you’re considering challenging the distribution of an estate, this article explains the grounds for doing so, the legal framework involved, and how our probate solicitors can help you achieve a fair resolution.
Understanding Will Disputes
Disputes over the distribution of an estate often arise when there are concerns about the validity of the will or the fairness of its provisions. Common reasons for challenging a will include:
- Lack of Testamentary Capacity: The deceased may not have had the mental capacity to understand the will’s contents or implications at the time it was made.
- Undue Influence: The deceased may have been coerced or manipulated into making decisions that did not reflect their true wishes.
- Improper Execution: The will may not have been signed or witnessed correctly, rendering it invalid.
- Fraud or Forgery: There may be evidence that the will was forged or created under fraudulent circumstances.
If you believe any of these issues apply to your situation, it’s important to seek legal advice as soon as possible. At Van Eaton Solicitors, we specialise in contentious probate cases and can help you determine whether you have grounds to challenge the distribution of an estate.
The Inheritance Act 1975: Claims for Financial Provision
Even if the deceased left a valid will, certain individuals may still be entitled to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This law allows close family members and dependents to seek financial provision from the estate if they were not adequately provided for.
Eligible claimants include:
- Spouses or civil partners.
- Children (including adult children).
- Financial dependents who relied on the deceased for support.
Our probate solicitors can assess your relationship with the deceased and advise whether you have a valid claim under the Inheritance Act. We’ll guide you through the process, ensuring your case is presented effectively and efficiently.
How Van Eaton Solicitors Can Help
At Van Eaton Solicitors, we understand that probate disputes can be emotionally and financially draining. That’s why we focus on resolving cases as quickly and amicably as possible, often through alternative dispute resolution (ADR) methods such as mediation or negotiation. This approach helps preserve family relationships and reduces costs.
However, if court proceedings become necessary, our experienced solicitors are prepared to represent you vigorously. We’ll gather the evidence needed to support your claim, whether it involves challenging the validity of a will or seeking financial provision under the Inheritance Act.
Our Services Include:
- Free Initial Consultation: We’ll assess your case and provide honest advice on its merits.
- Tailored Legal Strategies: We develop personalised solutions to achieve the best possible outcome for you.
- Compassionate Support: We understand the emotional toll of probate disputes and provide empathetic guidance throughout the process.
Why Choose Van Eaton Solicitors?
- Expertise: With years of experience in contentious probate cases, we have the knowledge and skills to handle even the most complex disputes.
- Client-Centered Approach: We prioritise your needs and work tirelessly to achieve the results you deserve.
- Cost-Effective Solutions: We aim to resolve disputes efficiently, minimising legal costs and stress.
Practical Steps to Take
If you’re considering challenging the distribution of an estate, here’s what you can do:
- Gather Evidence: Collect any documents or information that support your claim, such as medical records, witness statements, or correspondence.
- Seek Legal Advice: Contact a probate solicitor to assess your case and explore your options.
- Act Promptly: There are strict time limits for making claims, so it’s important to act quickly.
Conclusion
Challenging the distribution of an estate can be a complex and emotionally taxing process, but you don’t have to face it alone. At Van Eaton Solicitors, we combine legal expertise with compassionate support to guide you through every step of your claim.
If you believe you have grounds to challenge the distribution of an estate, contact us today for a free initial consultation. Let us help you achieve a fair resolution and protect your rights.
Contact Us Today
- Call: 0208 769 6739
- Visit: Our Streatham office
- Online: Complete our enquiry form
Van Eaton Solicitors—your trusted partner in resolving probate disputes.
Frequently Asked Questions: Challenging the Distribution of an Estate
Understanding the process of challenging an estate distribution can be complex, especially during an emotionally challenging time. Below are some frequently asked questions that may help clarify your situation:
Challenging a will typically involves proving that it was invalid due to reasons such as lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Additionally, claims can be made under the Inheritance (Provision for Family and Dependants) Act 1975 if you believe you were not adequately provided for.
The time limit for challenging an estate varies depending on the nature of the claim. For example, claims under the Inheritance Act must generally be made within six months of probate being granted. It is crucial to seek legal advice promptly to ensure you meet these deadlines.
A mediator is a neutral third party who helps facilitate discussions between disputing parties to reach a mutually acceptable agreement. Mediation is often used in estate disputes as it can be less costly and time-consuming than going to court. At Van Eaton Solicitors, we encourage mediation whenever possible to resolve disputes efficiently.
Yes, you can challenge an executor’s decisions if you believe they are not acting in the best interests of the estate or are mismanaging assets. This might involve seeking their removal or contesting specific actions they have taken. Legal advice is essential in such situations to ensure your rights are protected.