Specialist advice at a difficult time
WSP Solicitors’ Wills and Inheritance Disputes team have extensive experience in handling disputes concerning wills, trusts and estates (often referred to as “Contentious Probate”).
We have the expertise to offer you practical solutions to what are often complicated situations such as contesting a will. We act on the behalf of a variety of clients including individuals, families and groups of beneficiaries.
We can help you deal with disputes arising from the following:
- Challenges to the validity of a will
- Contesting a will
- Defending challenges to the validity of a will
- Advising in regard to an executor’s responsibilities or applying for the removal of an executor
- Making or defending a claim made under the Inheritance (Provision for Family and Dependants) Act 1975
We will take the time to get to know you and the circumstances that give rise to the dispute. You will receive our continuous support and we will do all we can to make the process as clear and straightforward as possible.
Picking up the phone to talk with one of our team members, sooner rather than later, could make all the difference to achieving a swift and positive resolution to your dispute. We can advise you of your options before any action is taken.
What is a claim under the Inheritance (Provision for Family and Dependants) Act 1975?
Most inheritance claims are brought under the Inheritance (Provision for Family and Dependants) Act 1975. The Act empowers the courts to redistribute the deceased’s estate where the deceased’s will or intestacy rules fail to make “reasonable financial provision” for the individual who is making the claim.
Who can bring a claim under the 1975 Act?
It is open to the surviving wife, husband, cohabitee, children (including step children and children of the family), civil partners or anyone being maintained by the deceased to bring claims under the Act.
What is reasonable financial provision?
If the claim is brought by the surviving spouse, then reasonable financial provision will mean such provision as would be reasonable for a husband or wife to receive, whether or not that provision is required for their maintenance. For all other categories of individuals making a claim, reasonable financial provision would mean such financial provision as would be reasonable for their maintenance.
What can I do if I believe that I have been left out of a will unfairly?
There may be options available to you. You may be able to challenge the validity of the will or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 Act, but do not delay because there are strict time limits on making claims Inheritance Act claims should usually be made within 6 months of issue of a grant of representation. If you have a potential claim you should contact us immediately for a confidential discussion.
How do I pay for legal representation if I want to make a claim?
Funding a legal case is always a concern, which is why we have developed a range of funding options. One of the most popular ways of funding an inheritance dispute or a contested Will is through a particular type of No Win No Fee arrangement, known as a Conditional Fee Agreement (or CFA). If we accept your case on a No Win No Fee CFA basis then we will not make a charge for our services if you lose your claim. If you win the case then you pay our costs, together with a success fee where we would seek to recover your basic costs from the opponent or the deceased person’s estate.