Contested Wills, Inheritance Act Claims and Contentious Probate Disputes Solicitors in Devon

We are often asked if there is anything that can be done if a will or the Intestacy rules fail to make adequate provision for a dependant.

Generally speaking, we are all free to dispose of our assets as we want to. However, the law does provide protection for people who have been financially dependant on the deceased. This protection comes in the shape of the Inheritance (Provision for Family and Dependants) Act 1975; known as the Inheritance Act.

The Inheritance Act is there to help spouses, children, civil partners, cohabitees and other surviving dependants who have been left to cope without sufficient money to enable them to get by. If a will (or intestacy) fails to make ‘reasonable financial provision’ then the Inheritance Act will come into play.

Our solicitors have a great deal of practical knowledge and professional expertise in the field of Inheritance Act claims.

We advise both individual claimants wishing to make a claim for adequate financial provision and beneficiaries who want to defend their interests under a disputed will.

If you are considering a claim under the Inheritance Act, it is essential that you seek specialist advice at the earliest opportunity. Remember, Inheritance Act claims must be brought within 6 months of the grant of representation to the estate. If you have already left it too long we may still be able to help, as long as you act quickly.

Contact us now for a free case assessment.

We all know how important it is to have a will, yet millions of us put it off and, in doing so, run the risk of the state determining how our assets should be distributed on our death.

Lawyers describe someone who passes away without a will as dying intestate.

It is the Intestacy Rules (set out in the Administration of Estates Act 1925) that determine who gets what if you die without making a will.

See our mini site www.inheritancedisputes.co.uk below for a quick guide to the pecking order under the Intestacy Rules.

Funding a legal case is always a worry, which is why we have developed a range of funding options.

One of the most popular ways of funding inheritance disputes, contentious probate disputes and disputed wills is through a particular type of No Win – No Fee arrangement known as a Conditional Fee Agreement, or CFA.

Not all cases are suitable for our No Win – No Fee option but we are always happy to consider potential No Win – No Fee claims under our FREE CASE ASSESSMENT scheme.

If we accept your case on a No Win – No Fee CFA basis and you do not win your case then you do not have to pay our fees. If we win then you will have to pay a success fee. We will seek to recover the basic legal costs from your opponent or the estate, but ultimately you are responsible for them.

If your case is not suitable for No Win – No Fee funding then we can deal with matters on a private basis and we are always happy to agree a fee limit to work to so that you are not responsible for open ended costs.

Where supportive evidence subsequently comes to light then we will reconsider whether we can continue with the case on a no win – no fee basis.

If you already have legal expenses insurance then we will liaise directly with the insurance company. If you don’t then we can usually arrange cover, with a self insured deferred premium, so that you are not at risk yourself of a costs order being made against you.

We can also provide public funding (sometimes known as Legal Aid) in very limited circumstances such as where a child is making a claim under the Inheritance Act.

We always aim to keep the involvement of the courts to a minimum as it is generally in a client’s best interests to resolve inheritance disputes without the delay and spiralling cost that often accompany court proceedings. ADR, and mediation in particular, is ideally suited to resolving inheritance disputes, contested wills and contentious probate claims and we are firmly committed to providing ADR and mediation in such cases. This way a greater part of the estate will hopefully be made available for distribution between the parties and not wasted on legal costs.

We offer a free initial review of your case. This enables us to consider whether or not you have a good claim, whether your case is suitable for No Win - No Fee and whether you may be eligible for public funding. If you think you might have a claim or would like to discuss your inheritance dispute then you have nothing to lose. Just send details of your case to l.dawkins@sleeblackwell.co.uk and we will give you an assessment of your claim, completely free of charge.

A will is presumed to be valid if it is executed correctly, unless one of the following grounds of challenge can be proven:-

• Undue influence was placed on the deceased to draft the will in those terms. This is more than just persuasion and requires that you prove the deceased was coerced into signing the will.

• Lack of mental capacity. Whilst a diagnosis of a condition affecting the brain (such as dementia) can be persuasive it is not determinative of success in a mental capacity claim as the deceased may have had a lucid moment when signing the will. It will be necessary for a medical expert to review the deceased's medical records and prepare a report on whether they would have had capacity;

• Lack of knowledge and approval. This is often linked to lack of mental capacity but can be raised as a challenge in its own right if you have reason to believe the deceased did not know the content or nature of what they were signing.

• Fraud or forgery. Expert evidence will be required to show that the will was not executed by the deceased.

  If you require advice on whether you can challenge the validity of a will then contact our specialist disputed will solicitors today for your free initial assessment.

Despite the deceased's best intentions when choosing their executors the relationship between the executors or between the executors and the beneficiaries can sometimes break down. Executor disputes can arise for a number of reasons, including one or more of the executors refusing to comply with their legal duties or mismanaging the administration of the estate and being in breach of trust.

An executor (or administrator in an intestate estate) owes a number of duties to the beneficiaries of the estate which they will sometimes be unaware of. These include keeping the beneficiaries informed about the progress of the administration (usually involving the provision of estate accounts showing the assets and liabilities of the estate), ensuring the assets of the estate are realised and the liabilities are paid expeditiously and being careful not to allow their personal interests to come into conflict with their duties as executor.

Further difficulties can arise where more than one executor (or administrator) is appointed in an estate and they cannot together agree upon the way forward with the administration. It is necessary for all of the executors to be in agreement for the administration to proceed and this will therefore often cause deadlock.

If an executor/beneficiary dispute or executor/executor dispute is causing problems with the administration of an estate the Court has the power to make orders (called directions) about how the administration of the estate should proceed..

If you require advice upon your duties as an executor or rights as a beneficiary then contact us today for a free initial assessment.