A close family member passing is a difficult and upsetting time. The last thing you wish to be doing is dealing with a probate dispute and inheritance law. However, the issue of inheritance will have to be dealt with as there is a SIX-MONTH TIME LIMIT, and our specialist solicitors can give you all the support you need.
Certain individuals, such as spouses, children (including those 18+) and cohabitees may be entitled to challenge a will if they have been left without reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
The number of these disputes has been rising, due in part to:
- More diverse family set-ups, including second marriages and children from those previous marriages;
- People living longer and making changes to their wills at an older age. This can lead to concerns that the testator may not have had the mental capacity to make such a change;
- Increases in house prices meaning higher sums are at stake, which in turn leads to a greater likelihood of a dispute arising.
Contesting probate is difficult at the best of times, even more so when it involves disagreements between family members. Our specialist solicitors can help give you advice on how to achieve the best possible outcome and attempt to preserve family relationships in such a stressful situation.
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If you feel that you have not been sufficiently provided for (if at all) you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
There is a six-month time limit in which to bring a claim.
The time it takes to resolve an inheritance dispute varies greatly depending on the nature of the case and how vigorously the claim is defended. A dispute that can be settled by agreement or mediation will conclude sooner compared to a claim going all the way to a final court hearing, which may take a year or longer.
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