With an aging population and an awareness of degenerative conditions such as dementia and Alzheimer’s, disputes over trusts an estates have increased in recent years.
Our expert team regularly deals with all types of disputes including challenges to the validity of Wills, forgery disputes and claims made under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows claimants to apply to the Court for provision out of a deceased individual’s estate if reasonable provision has not been made for them under the terms of the deceased’s Will or the Intestacy Rules. Claimants can include a surviving spouse or civil partner, a former spouse or civil partner, a cohabitee who has lived with the deceased for two years as man and wife, children of the family and people financially dependent on the deceased individual.
Our focus is on ensuring that you are supported through the entire process, which can be a distressing and emotional time. All members of our contentious probate team are accredited by The Association of Contentious Trust and Probate Specialists (ACTAPS).
Validity of Wills
A Will can be challenged on several grounds:
- A Claim that the Will has not made reasonable provision for someone who has an expectation of inheritance.
- Duress – where it can be proved that someone coerced the deceased individual into writing their Will in a particular manner.
- Undue influence – this occurs when someone has persuaded the individual to write their Will in a particular manner due to the relationship which exists between the parties. Usually, the influencer is in a position of power over the other due to an elevated status or emotional ties.