Can I Make A Claim For A Will or Inheritance Dispute?

Part of the Can I Make A Claim For...? series
July 22, 2019

We understand that the death of a loved one can be distressing. And, we know that the whole situation can become more upsetting if you or someone else believes the Will is wrong in some way. The Will or inheritance may end up being challenged or disputed in some way. But your solicitors will be able to help you with that.

 If you would like help drafting a Will, we can also help with that.

Why Might Someone Challenge A Will?

Someone might challenge a Will for several reasons. While the situation may be distressing, it is important that actions as the deceased intended are accurately and lawfully carried out. If any of these apply to you, you may be able to make a claim and challenge a Will or inheritance:

  • Contest a Will if, for example, you believe it may be fraudulent or invalid, or that the deceased was subject to too much influence
  • If the deceased lacked the capacity to make a Will
  • Dispute inheritance, for example if the inheritance does not accurately reflect the deceased’s wishes
  • If the deceased was unfairly influenced by someone who persuaded them to make a Will that they wouldn’t have made if left to their own devices 

There are other circumstances where someone might dispute a Will or inheritance. And, if you have any questions about whether you could make a claim, Chris Rudd Solicitors can help. Keep reading to learn more and find out how to get in touch.

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Who Could Challenge A Will?

There are a few different situations that would allow someone to dispute a Will. These are provided in more detail in the Inheritance Act, but in short someone could challenge a Will if:

  • They are a spouse or civil partner of the deceased who has been unfairly overlooked; or a divorced spouse or former civil partner, if a new marriage or civil partnership has not been formed since
  • They have lived with the deceased for at least two years before their death
  • If they are a child of the deceased or someone treated as a child. That includes adopted or fostered children and step children
  • If they were cared for by the deceased before their death
  • And in fact, anybody who stands to acquire an interest in the deceased’s estate if the Will is set aside

Still Have Questions?

Hopefully you now have a better understanding of Will and inheritance disputes. If you wish to make a claim or you have any further questions, feel free to call us for up to 15 minutes free advice on 01925 351 350. Or, email us from our contact page. You could also fill out the form at the bottom of this page.

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