Do you believe that the Will is not valid or want to make a financial claim from an estate of a loved one? You may want to consider contesting the Will.
We regularly see clients who come in to see us who are concerned regarding the validity of a Will. They could be concerned that they did not know what they were doing when they wrote the Will or someone has influenced them. In some cases, they believe that the Will is a forgery.
If you believe that someone’s Will is invalid, we can assist by having a look to see if you have a valid ground for contesting a Will. You may also be able to make a financial claim against someone’s estate if you qualify.
Generally speaking the grounds for contesting a Will may be on the following basis.
If you are not included in a Will or if you are not a relation for the purposes of the rules of Intestacy you may be able to make a claim for further financial provision. This is under Inheritance (Provision for Family and Dependants) Act 1975.
The Court has the ability to vary the distribution of the deceased estate for certain family members and dependants.
The rules state that a spouse or civil partner is entitled to such financial provision as is reasonable in all the circumstances.
Other people can make a claim if they are
Anyone else is entitled to such reasonable provision as is necessary for their maintenance insofar as the estate can provide it.
If you believe that you have a claim, or someone is making a claim against an estate then please do not hesitate to contact us. We have a wealth of experience pursuing and defending claims against estates.
Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited (Company Registration Number 08838592) whose registered office is at Lovedays Solicitors, Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.
The Directors of Derbyshire Legal Services Limited are C.D.Gale and R.LL.Roberts. The Company is otherwise authorised and regulated by the Solicitors Regulation Authority whose rules can be accessed at www.sra.org.uk