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Inheritance claims and disputes

Inheritance claims

Do you feel that you should have been provided for by the estate of someone who has died recently?

Even if there was no will, then the courts will consider your claim and they have discretion to make an award on your behalf depending on the merits of your case, the value of the estate, any conflicting claims and potential costs.

There is no such thing as a common law marriage.  Without a will, an unmarried partner has no automatic entitlement to their partner’s estate.  If this leaves you in financial difficulty, then you should speak to us as soon as possible.

Inheritance disputes

Sadly, we are seeing a growing number of disputes over wills (or the lack of a will), often when partners are unmarried or have not registered their civil partnership or where there is an extended family following remarriage.

Clearly, to avoid such disputes, you are advised to make sure that you and your partner have a valid will and you should review it regularly.

Even where there is a will, disputes can arise in a number of circumstances, for example where:

  • the will has been negligently drafted
  • there may have been undue influence
  • there are allegations of mental capacity
  • there are circumstances of fraud
  • the executor does not handle the distribution of the estate efficiently
  • there are disputes amongst executors or trustees or regarding disputed power of attorney.

We are able to provide sympathetic assistance, and can advise you on your particular concerns and whether you may have a successful claim.

Please note that there are time limits for certain types of claim and therefore you should speak to us as soon as possible.

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