Disputed Wills & Probate Claims
Disputed Wills & Probate Claims Solicitors in Norwich, Norfolk
When a loved one dies family members and close friends all have to deal with the resulting emotional impact. This comes at a time when there will be time consuming and sometimes difficult issues relating to the loved one’s personal affairs and the administration of their Estate to be dealt with. A disagreement between family members or between Executors and beneficiaries of the Estate is not uncommon and can arise in the following circumstances:
A question as to whether the deceased had full mental capacity when they gave instructions for the preparation of their Will.
- If it is unclear whether the Will has been validly executed.
- If the terms of the Will were not clearly written and the deceased’s intentions were unclear.
- Family and loved ones of the deceased argue over the deceased Will and Estate.
- There is a disagreement between the Executors as to what action should be taken.
- The deceased has not properly provided for those loved ones in his or her Will.
The one person, who is able to prove whether they had testamentary capacity when they gave instructions for their Will, being the deceased, is of course not available should this question arise. It will be necessary therefore to examine all of the evidence of the surrounding circumstances in which the instructions were given in the preparation of the Will and for determining whether the testator was of sound mind in understanding the effects of making a Will, the extent of the assets to pass under their Will and appreciating the claims particular individuals might make on their Estate.
Inheritance (Provision for Family and Dependants) Act 1975
It may be possible to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the testator failed to make adequate provision for:
- His or her spouse or civil partner who has not remarried.
- His or her child.
- A person that the deceased treated as a child in relation to any marriage or civil partnership.
- A person maintained by the deceased immediately before his or her death.
- Someone who lived with the deceased or shared a relationship akin to marriage or civil partnership.
A strict six month time limit from the date of Probate usually applies for these claims. Our established expertise in advising clients in these circumstances means we will be able to guide you through making the decision as to whether or not you should make a claim. We can assist you in the making of the claim or we can assist you with responding to a claim which is being made against an Estate of which you are a beneficiary.
We pride ourselves in our proactive and pragmatic approach to finding practical solutions that will assist you in resolving any dispute as quickly and as painlessly as possible.
Call Gordon Dean Solicitors on 01603 767671 or contact us for more information.
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