Whilst losing a loved one is a very difficult time it can be even harder if there are problems with their estate. You may have been surprised who the estate was left to or you may have discovered there is no Will, you may think your loved one did not understand properly the terms of the Will or somebody was unduly influencing them. The potential problems are many and complex but we are here to guide you through this difficult time.
Challenging the validity of a Will can be done on several bases and unlike Inheritance Act claims are not subject to very short time limits for bringing a claim. There are a number of reasons for challenging a will such as;
- The deceased lacked the mental capacity to give instructions for a will.
- The deceased did not properly understand and approve the contents of the Will.
- The deceased was subject to undue influence.
- The will is a forgery.
- A will may not reflect the wishes of the deceased.
In circumstances where you have been left out of a will or you have been left struggling financially, a claim under the Inheritance Act may enable you to obtain greater financial provision. These claims are subject to strict time limits and must be made within 6 months of the grant of probate being obtained. It is therefore very important that you act quickly.
Finding a Solution
There are many things to consider when looking at these types of claims. However, we look to find the best solution for you and will seek to resolve the issues through negotiation and mediation, if possible. If court proceedings are necessary then you can be assured that we will keep you informed of costs as we progress and not lose sight of finding a pragmatic and timely conclusion.