20 May 2011
Conflicts during probate often arise when disgruntled relatives and disappointed beneficiaries suspect foul play. Whilst some claims are unwarranted, all are taken seriously.
We know that contesting a will can be time consuming; not only for prospective beneficiaries but also for personal representatives and professional advisers. By understanding why and how a will can be challenged you might prevent future claims and avoid family disputes.
It is a common myth that you can distribute your assets as you wish, so long as you have written a will. However, wills can be challenged in court and they can be declared invalid for various reasons. Whilst you do have the right to exclude obvious beneficiaries, such as a spouse or children, and leave everything to a cause close to your heart, family members may have the legal right to contest your last wishes.
Certain people omitted from a will can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which says everyone has a moral obligation to look after a spouse, children or other dependants that they have supported in some way for at least two years before their death.
Our specialist solicitors can guide you through this complex area of law. We can provide advice concerning all probate claims, whether involving forgery or fraud, undue influence, capacity or execution. Matthew Brandis and Craig Williams have successfully achieved settlement of a variety of court actions, including substantial High Court litigation regarding the validity of wills and claims under the Inheritance Act 1975 and offer valuable support to clients at a difficult time.
Related articles:
(1) Shah v Joshi
(2) Avoiding contentious probate claims
If you are seeking expert advice on challenging a will, speak confidentially to one of our contentious inheritance specialists on 01753 279 039, complete the online enquiry form or email disputes@bpcollins.co.uk.
If you wish to speak with our private client solicitors about mitigating risk when writing your will, please call 01753 279030, complete the online enquiry form or email privateclient@bpcollins.co.uk. |
