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Why Might an Inheritance Dispute Arise?

JANUARY 2017



Complex family relationships, a rise in property prices and the number of DIY Wills are all factors that have contributed towards the notable increase in the number of claims being brought to challenge the terms of a Will. Tim Watson, one of our Contentious Probate Solicitors outlines the ways in which disputes may arise and the purpose of the firm’s new website - Dispute Over A Will.

“If an issue does arise following a loved one’s death, it is often difficult to know where to turn or who you should speak to, especially at a time during which you are likely to be grieving. We decided to launch the website to help provide further information and guidance to those considering a Will challenge or inheritance dispute.

A claim may arise if the correct processes were not followed when the Will was drafted. Questions can arise about whether the deceased fully understood the nature of the Will being completed or whether he or she made the Will whilst subject to undue influence from others. If these claims are successful, a Will may be held invalid and may be set aside.

However, you do not need to challenge the validly of a Will to make an inheritance claim. Claims can also be made where a Will, although valid, does not make reasonable financial provision for expectant beneficiaries. The same applies in cases where there is no Will and the distribution of the Estate is governed by the “Intestacy Rules”.

It is not only who gets what from an Estate that can cause problems. Other disputes can arise between Executors and Administrators, Beneficiaries and Trustees. Beneficiaries may be concerned about delays in administering the Estate or that the Estate has been incorrectly administered. In extreme cases, where Executors have not acted properly, the Court can order that they are removed and independent Executors appointed in their place. It is in everybody’s interest that any dispute is resolved as quickly and amicably as possible, so if you have concerns it is best to get specialist advice as soon as possible. At Brewer Harding & Rowe Solicitors LLP, we have years of experience in helping those wishing to challenge or dispute a Will, or feel they have been unfairly left out of a Will.”

We provide a free case assessment and in many cases can offer a ‘No Win No Fee’ arrangement. If you are concerned about the validity of a Will, or are involved in an inheritance dispute, call 0345 163 2210 for an initial, confidential and free discussion with Tim Watson.

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