When a loved one passes away, a difficult time is made even more difficult if matters concerning the distribution of their assets become contentious. When someone leaves a will, they appoint executors who are responsible for dividing up the estate as per their wishes. Sometimes, a loved one may make a claim against the estate even if they are not a named beneficiary. Whatever inheritance disputes you find yourself embroiled in, we’re here to assist.
When a contentious probate arises, our civil solicitors here at Van Eaton in Streatham can help you gather the relevant evidence needed to secure a win for your case. We understand how emotionally demanding and upsetting inheritance disputes can be, so we will always handle your case with the utmost professionalism and compassion.
Being Left Out of a Will
There are certain criteria you must meet if you want to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. You can read more about whether you’re eligible to make a claim in our previous article here.
To claim under this act, you need to have a connection or relation to the deceased, such as be their child, cohabitee for the past two years before their death, or a spouse. You could also make a claim that the deceased lacked the appropriate mental capacity, that they were subject to undue influence or that the will was fraudulent, but to do this, you’d need evidence. To stop the contents of the will being distributed, you will need to stop a grant of probate being issued. Our civil solicitors in Streatham can provide you with professional legal advice and help you get the result you need and can guide you through the probate process.
When the deceased leaves no will, it is known as dying intestate. Therefore, certain protocols are put in place to determine who becomes the beneficiary for the estate when not specifically stated in a will. These are known as the rules of intestacy. If the deceased was married at the time of their death, their spouse will receive a lump sum, as will any children that they may have shared. You can read more in our previous article here.
Disputes are likely to arise when the deceased left no will, as certain people may come forward claiming to be entitled to some of their estate. For instance, if a couple never married but were together for years and one of them passed away, they may not receive any of their assets straight away and may have to seek legal advice. Our civil litigation solicitors can help you settle your inheritance disputes by drafting up a case you can present during a dispute resolution session, as we will always work to keep your case out of court.
Reasonable Financial Provision
You may also turn to the Inheritance Act 1975 for relief if you claim that, without any assets from the will, you will suffer financial detriment. You must believe and prove that you were financially dependent on the deceased before and up to their death, and that you were inadequately provided for. All claims must be made within six months of a grant of probate being issued.
Here at Van Eaton solicitors in Streatham, we have years of experience in dealing with inheritance disputes and probate issues, and our advanced knowledge of civil cases means we can assist you throughout your case. To find out more, or to book a consultation, please fill out our online form here.