Lawyers are often instructed to make claims against the estate of someone who has died. These claims usually arise where a disappointed beneficiary believes that a Will is invalid or that they have been unfairly excluded.
The most common grounds for inheritance disputes include the folowing.
A claim against an estate may be made where it is alleged that:
-Was subjected to undue influence
-Was misled by false statements about another beneficiary (known as fraudulent calumny)
-A claim is brought under the Inheritance (Provision for Family and Dependents) Act 1975
At NJS Law, we are regularly instructed to defend claims against estates and to protect executors and beneficiaries from unmeritorious challenges.
Claims can be defended on a variety of grounds. In many cases, the allegations are simply untrue. Just because a disappointed beneficiary claims that a Will wasn’t properly witnessed, it does not automatically mean that it wasn’t.
If a Will appears valid and rational, there is a strong presumption that it was properly signed and witnessed – even if a witness disputes this many years later.
Similarly, some claimants attempt to argue that exclusion from a Will proves incapacity or unfairness. Many of these claims are weak and inadequate.
Claims for reasonable provision under the Inheritance (Provision for Family and Dependants) At 1975 can be complex. However, there are several strategies available to defend such claims, including:
If you are involved in an inheritance dispute – either as a claimant or as a defendant – we are here to help.
We can resolve disputes efficiently and effectively, helping clients avoid unnecessary risk and stress.
Call us today, it is free to ask, and it’s what we do.
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