Inheritance Act Claims

The contents of a Will can cause shock and surprise to members of a family and unfortunately become the source of conflict and resentment within a family.

Claims

At Clark Willis, we have a wealth of experience across our litigation and private client teams to assist parties engaged in probate disputes or claims pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.

Challenges to a will invariably be based upon one or more of the following allegations:-

  • Invalid execution of a will
  • Undue influence
  • Lack of capacity
  • Fraud

The Inheritance (Provision for Family and Dependents) Act 1975 enables a claim to be brought against an estate by certain classes of persons who are financially dependent upon the deceased and have been excluded from a will entirely, or not provided for adequately. Generally, those entitled to bring such claims are spouses and children, however, the law does allow such claims from adult children in certain circumstances.

The law imposes a strict time limit for bringing of 6 months from the date of the grant of probate or grant of letters of administration in the case of intestacy. It is therefore crucial that a potential claimant seek legal advice as a matter of urgency.

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Mrs W, Darlington

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