Inheritance Act Claims and Disputes
Inheritance Act Claims
In today’s society people are becoming increasing aware of their rights. People are utilising the court to ensure that they are adequately provided for under a deceased’s Estate. The wishes of a deceased as set out by their Will can be altered by the Court.
The Court can also act where an intestacy arises. For example, if a couple are unmarried the partner of the deceased will not inherit under the intestacy rules. The Inheritance (Provision for Family and Dependents) Act 1975 provides statutory recourse for individuals who feel that they have not been adequately provided for, to make claim against the Estate of a deceased individual.
Making such a claim is time consuming and expensive. It can also cause difficulties in family relationships as people’s interests may conflict. Our private client team working in conjunction with our litigation team take a proactive and personable approach in such difficult circumstances. We have the competence and sensitivity to consider all aspects of the dispute to find effective solutions and to ensure peace of mind.
Our litigation team will explain to you the various options available including whenever possible advising on the possibility of avoiding expensive litigation by settling out of court or opting for mediation. Our experienced personnel can guide clients through the process whether they are making a claim or responding to a claim.
Trust and Probate Disputes
Administering an Estate is not always a straight forward matter, especially if a Will is contested. The capacity of the deceased may be questioned. A later Will may emerge, or the Will may be unclear. It may be that the deceased was pressured by a beneficiary into making a Will. It may be that the Executors may not be performing their duties and responsibilities fully, or may not be getting on with each other.
Our solicitors have experience in dealing with probate disputes and our litigation team are able to provide advice in relation to caveats, citations, construction of Will summonses and Court applications including applications for directions, inventories, accounts and the removal of Executors.
We also have experience in dealing with Trust disputes, for example where the Trustees acted in breach of trust and an application is made to remove them or funds have been misappropriated and an application is made to restore the trust fund. We can also assist Trustees in responding to disputes.