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Month: September 2023

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Will Disputes

Wills Disputes – Haven’t Been Left As Much As You Expected?

Wills Disputes _Haven’t been left as much as you expected
Wills Disputes _Haven’t been left as much as you expected

September 2023

If you believe you have not been left a fair share in a will, you may be entitled to make a legal claim. Although this situation can feel overwhelming, understanding the correct steps can help you take action with confidence.

Below is a clear guide explaining what to do if you wish to challenge a will or make an Inheritance Act claim.

Seek Specialist Legal Advice Early

First and foremost, you should speak with a solicitor who specialises in probate and inheritance disputes. An experienced solicitor can review the will, assess your circumstances, and explain whether you have valid grounds to bring a claim.

Early legal advice is crucial, as strict time limits apply in most cases.

Understand Your Legal Rights

In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim if a will does not make reasonable financial provision for them.

Eligible applicants may include:

  • A spouse or civil partner
  • A former spouse or civil partner
  • A child of the deceased
  • Someone treated as a child of the family
  • A financial dependant of the deceased

Understanding whether you qualify under the Act is a key step in assessing your options.

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Assess the Strength of Your Claim

Next, your solicitor will evaluate the merits of your claim using the factors set out in the 1975 Act. These include:

  • The nature of your relationship with the deceased
  • Your current and future financial needs
  • Your financial resources
  • Any obligations the deceased had towards you

By reviewing these factors, your solicitor can advise whether your claim is likely to succeed.

Explore Negotiation or Mediation

Before starting court proceedings, it is often sensible to attempt negotiation or mediation. In many inheritance disputes, this approach leads to a quicker and less stressful resolution.

Importantly, mediation can reduce costs and help preserve family relationships. Your solicitor can manage these discussions on your behalf and work towards a fair settlement.

Gather Supporting Evidence

At the same time, you should begin collecting evidence to support your claim. This may include:

  • Financial documents
  • Proof of dependency or financial support
  • Evidence of your relationship with the deceased

Strong evidence can significantly improve your chances of success, especially if the case proceeds further.

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Issue Court Proceedings If Necessary

If negotiations fail, your solicitor may advise issuing formal court proceedings. This involves submitting a claim to the court and setting out why the will does not provide reasonable financial provision.

Although litigation can be complex, your solicitor will guide you through each stage and protect your interests throughout.

Attend Hearings and Present Your Case

Should the matter proceed to a hearing, you will be supported at every step. Your solicitor will prepare the case, present evidence, and advocate on your behalf to achieve the best possible outcome.

Get Expert Help With a Will or Inheritance Dispute

Making a claim against a will can be legally demanding and emotionally draining. However, with the right legal advice, many disputes can be resolved successfully.

Our team has extensive experience handling contentious probate and inheritance disputes. We are sympathetic, understanding, and committed to supporting you throughout the process.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

01625 667 261
probate@njslaw.co.uk

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For fast, friendly affordable legal advice. Contact a member of our team today.

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Categories
Contesting A Will

Been Left Out Of A Will?

Been left out of a will
Been left out of a will

September 2023

What to Do If You Have Been Left Out of a Will

If you have been excluded from a Will and are considering making a claim, there are several important steps to take. Acting early and getting the right advice can significantly improve your position.

1. Seek Specialist Legal Advice

The first step is to speak to a solicitor who specialises in contentious probate and inheritance disputes. They can assess your circumstances, explain your legal rights, and advise whether you have grounds to bring a claim.

Early advice is crucial, particularly where time limits apply.

2. Check Whether You Are Eligible to Make a Claim

In the UK, only certain people are entitled to challenge a Will or make an inheritance claim. These may include:

  • A spouse or civil partner
  • A child of the person who has died
  • A person treated as a child of the family
  • A financial dependant

Your solicitor will assess whether you fall within one of these legal categories and whether your claim is likely to succeed.

3. Be Aware of Strict Time Limits

In England an Wales, inheritance claims must usually be made within six months of the Grant of Probate.

Missing this deadline can seriously affect your ability to bring a claim, so it is important to act as soon as possible.

4. Consider Mediation or Negotiation First

Not all inheritance disputes need to go to court. In many cases, mediation or negotiation can resolve matters more quickly and cost-effectively.

Your solicitor can advise whether alternative dispute resolution is appropriate and will represent your interests throughout the process.

5. Gather Evidence to Support Your Claim

If you intend to proceed, you will need to support your position. This may include:

  • Financial records
  • Correspondence or messages
  • Witness statements
  • Documents showing your relationship with the person who died

Strong evidence can significantly strengthen your claim.

6. Start a Formal Inheritance Claim

If mediation is unsuccessful or not suitable, your solicitor can help you issue a formal claim against the estate. This involves preparing court documents and submitting all relevant evidence.

Your solicitor will manage the process and ensure your claim is presented clearly and correctly.

7. Attend Court Proceedings (If Required)

If the matter proceeds to court, you may need to attend hearings and give evidence. Your solicitor will guide you through each stage and represent you throughout the proceedings.

Get Expert Help With Contentious Probate Claims

Inheritance law is complex, and no two cases are the same. Getting specialist legal advice ensures your rights are protected and your claim is handled properly.

Our team has extensive experience in contentious probate and inheritance disputes. We are sympathetic, understanding, and will support you every step of the way.

We are here to help.

We can get it sorted. It’s what we do.

Call us today – it’s free to ask.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

01625 667 261
probate@njslaw.co.uk

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

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FAQ

For any questions we may be able to answer, discover our FAQ section.

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Categories
Will Disputes

How to Resolve a Will Dispute When There Is No Will

September 2023

When a loved one dies without leaving a will, uncertainty often follows. In many cases, this lack of clarity can lead to disagreements between family members about how the estate should be distributed. Although resolving a dispute where there is no will can feel daunting, understanding the legal framework and taking the right steps can make the process far more manageable.

Below are three practical tips to help you navigate a will dispute where no will exists.

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Tip 1: Understand the Intestacy Rules

First and foremost, you should familiarise yourself with the rules of intestacy. In England and Wales, these rules determine how an estate is divided when someone dies without a valid will.

The intestacy rules prioritise beneficiaries based on their relationship with the deceased. For example:

  • If the deceased left a spouse or civil partner but no children, the spouse or civil partner usually inherits the entire estate.
  • However, if the deceased left a spouse or civil partner and children, the estate is divided differently. Currently, the spouse or civil partner receives a statutory legacy (currently £322,000), plus personal possessions and half of the remaining estate.
  • The remaining half is then shared equally between the children.

By understanding these rules, you can better assess your potential entitlement and approach discussions with other family members from an informed position.

Tip 2: Consider Mediation or Alternative Dispute Resolution

Although court proceedings remain an option, they are often expensive, time-consuming, and emotionally draining. Therefore, it is usually sensible to explore mediation or alternative dispute resolution at an early stage.

Mediation involves an independent third party who helps everyone communicate openly and work towards a mutually acceptable outcome. Importantly, this approach often preserves family relationships and allows disputes to be resolved more quickly.

In addition to mediation, negotiation or arbitration may also be appropriate, depending on the circumstances. These alternatives can provide a more cooperative and cost-effective way to resolve an inheritance dispute without resorting to litigation.

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Tip 3: Seek Specialist Legal Advice

Because disputes involving intestacy can become complex, especially where multiple relatives are involved, seeking advice from a probate solicitor experienced in contentious probate is essential.

A solicitor can:

  • Explain how the intestacy rules apply to your situation
  • Assess the strengths and weaknesses of your position
  • Help you gather supporting evidence, such as proof of family relationships and financial information
  • Represent you during negotiations, mediation, or court proceedings

With expert guidance, you can protect your rights and work towards a fair distribution of the estate.

Get Support With a Will or Intestacy Dispute

Dealing with a dispute after a loved one’s death is never easy. However, with the right legal advice and a clear strategy, many intestacy disputes can be resolved successfully.

Our team has extensive experience handling contentious probate and inheritance disputes. We are sympathetic, understanding, and committed to supporting you at every stage.

CONTACT US TODAY

Use our contact form to message us below, or alternatively if you feel more comfortable, you can call us on

01625 667 261
probate@njslaw.co.uk

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

Contact Us

FAQ

For any questions we may be able to answer, discover our FAQ section.

Read More