When it comes to handling a deceased loved one’s estate, it can be an incredibly upsetting experience for everyone involved. When a probate dispute occurs, it can make matters even more emotionally distressing. Legal disputes concerning wills and estates can occur for several reasons, but many family members or relevant individuals could make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. It should be noted that such claims are not easy to prove in the case of adults with no special needs or requirements.
Whether you think you were unfairly left out of receiving some of the deceased’s estate, or you believe the will to be invalid, there are instances where you may be able to stop the grant of probate being issued. Here at Van Eaton, our probate solicitors in London can help assess your claim and provide the most relevant legal advice necessary to ensure you are successful. We will deal with your claim empathetically, using dispute resolution to settle any disagreements with other parties interested in the estate. Read our article below to discover more about the Inheritance Act.
What is It?
If you believe you have been left out of a deceased person’s will, and you feel that you are entitled to financial provision, you can make a claim under the Inheritance Act 1975 although as stated above such claims may be difficult to prove without strong evidence . If you make a claim against the estate, you must prove that you were financially dependent on the deceased and that adequate provisions were not made for you in the will of the deceased. If you make a claim under the Act, it must be made within six months of a grant of probate being issued. Wills and probate disputes arise for several reasons, but with the right legal advice and guidance, you can successfully make a claim and get the results you need.
If the estate can provide it, anyone else claiming under the Act is entitled to “reasonable financial provision” if it is necessary for their maintenance. You must have had some form of relationship with the deceased to make a claim. This can range from being their spouse, civil partner, to being their child or stepchild. If financial provisions have not been made for you on the intestacy of the deceased, or they did not leave a will, you may be entitled to claim reasonable financial provisions.
Here at Van Eaton, our civil litigation solicitors can help you work out whether your claim has the chance to be successful and will guide you through the entire process. You can read our previous article on the Inheritance (Provision for Family and Dependants) Act 1975 here.
Am I Eligible to Claim On Inheritance?
You may be eligible to claim under the Act of 1975 if you were:
A current or former spouse or civil partner of the deceased. If you are a former spouse, you must not have remarried and you must not have received a financial settlement following the breakdown of the marriage
Living in the same household of the deceased two years before the death in the same capacity as a spouse or civil partner
A child of the deceased, whether that be biological or adopted
Any person treated like a child by the deceased
Any person not listed above that was financially dependent on the deceased. This excludes paid domestic staff.
If you have been left out of a will, and you believe you are entitled to reasonable financial provisions from the estate, check to see if you meet the above criteria. Making a claim and settling a probate dispute can be a stressful experience, but luckily, there are many different routes you can take to make the process as smooth as possible.
Here at Van Eaton solicitors in Streatham, we have years of experience in dealing with inheritance disputes and discourses surrounding wills and estate distribution. We aim to settle your case through effective dispute resolution, but if you need to go to court, we will support you every step of the way. Our reputable legal advice and successful examples of case studies makes us the perfect choice for any probate dispute you may be experiencing. For more information, or to book a consultation, please get in touch with us by filling out our online form here. Alternatively, you can give us a call on 0208 769 6739.