Our Inheritance Dispute team can advise and work with you to find the best solution concerning a number of matters including:

  • Will Disputes
  • Intestacy Consequences
  • Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975
  • Estate Administration Disputes
  • Trust Disputes

Will Disputes

You may find yourself inadvertently defending a claim or bringing a claim to contest the contents of a Will. Our team frequently advise on the validity of Wills (concerning the construction, mental capacity and undue influence), fraudulent Wills and claims under the Inheritance (Provision for Family and Dependants) Act 1975 (see below).

Intestacy Consequences

Unfortunately, it is very common when people pass away without leaving a valid Will that the persons they would have wanted to inherit do not so, or do not inherit adequately. In this respect we are able to advise as to agreed variations of the Intestacy Rules and claims under the Inheritance (Provision for Family and Dependants) Act 1975 (see below).

Claims for Financial Provision – Inheritance (Provision for Family and Dependants) Act 1975

When a person dies either leaving a Will or Intestate, there are a number of people that may be entitled to make a claim on the deceased’s estate if they have not been afforded reasonable provision. The persons who are entitled to bring a claim as set out in the Inheritance (Provision for Family and Dependants) Act 1975 are:

  • The spouse or civil partner
  • A former spouse or civil partner who has not remarried or registered a new civil partnership
  • A person who was cohabiting with the deceased as ‘husband and wife’ for at least 2 years prior to their death
  • Children of the deceased
  • A person treated by the deceased as a ‘child of the family’ including step-children and grandchildren for example
  • A person being maintained by the deceased

A spouse or civil partner does not have to show a financial need to bring any claim under the act, but any other persons in the above categories will have to demonstrate a financial need.

Please be aware there are strict time limits concerning Inheritance (Provision for Family and Dependants) Act 1975 claims so you should contact a member of our team as soon as possible.

Estate Administration Disputes

Our Inheritance Dispute team members regularly assist with non-contentious estate administration matters so we know exactly how an estate should be administered. As such we are in a strong position to advise executors concerning any claims against them, and likewise, beneficiaries if the estate is not being administered as it should be.

Trust Disputes

We regularly advise as to the removal of trustees, disputes between trustees, disputes between trustees and beneficiaries and variations to trusts. In this respect again, our solicitors are able to advise both trustees and beneficiaries alike as to any such claims concerning Trusts.

The team is comprised of members of Solicitors for the Elderly (SFE), the Society of Trusts and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS).

If you find yourself needing to bring or defend one of the above claims please ensure that you contact a member of our experienced specialist Inheritance Dispute team as soon as possible as there are varying time limits that must be adhered to.

In the first instance please contact Lauren Russell on 01264 721 781 or laurenr@talbotwalker.co.uk