Wills, Trusts & Inheritance Disputes
Disputes after the death of a relative can be distressing, acrimonious and complex to resolve. Our team of specialist contentious probate solicitors understand the multifaceted nature of contentious probate disputes and their potential to disrupt families and relationships. We take a sensitive and proactive approach, favouring a swift review of your claim so we can quickly advise on next steps to protect your position. Our contentious probate team will work hard to achieve the best possible outcome for you in the most cost effective way.
Turn to us for resolution, no matter how difficult the circumstances
We are committed to not only offering comprehensive legal counsel but also to ensuring a swift review of your contentious probate claim, so that we can offer you clear and concise advice on the best course of action.
We provide advice to both individuals and charities on any contentious matter, including Will challenges, claims against estates under the Inheritance Act, and trust disputes between trustees, or trustees and beneficiaries.
Our legal team has a wealth of experience in handling contentious probate claims. If you need help with a dispute relating to Wills and inheritance claims, or have questions about the probate process, do seek legal advice from one of our contentious experts.
What is an Inheritance Act claim?
An Inheritance Act claim is simply a claim made under the Inheritance Act (Provision for Family and Dependants) Act 1975 (“Inheritance Act”) against a person’s estate in England or Wales.
The grounds for bringing a claim are that the Will or intestacy has failed to make reasonable financial provision for the applicant and the applicant has a requirement for financial provision. Applicants who are able to demonstrate both a financial need and that no reasonable provision is being made for them, will have a strong claim.
These claims are not challenges against the validity of a Will as the Will is not being challenged. These claims provide a useful alternative to challenging the validity of a Will as Will disputes are costly, time-consuming and difficult cases to succeed in.
Who can apply?
The types of applicants that can bring such claims are:
- A spouse or civil partner of the Deceased;
- A former spouse or civil partner of the Deceased who has not remarried;
- A child of the Deceased (includes adult children);
- Any person that was treated by the Deceased as if they were their child (i.e. stepchildren);
- Any person who was being maintained by the Deceased prior to their death;
- An unmarried partner of the Deceased who co-habited with the Deceased for two years or more
What factors does the court consider?
In considering a claim under The Inheritance Act, the Court will take into account the following factors, called the Section 3 factors:
(a) The applicant’s financial circumstances now or in the foreseeable future
This is an important factor within the Inheritance Act. As part of the claim the applicant must be willing to provide complete disclosure of income, means and financial needs usually in the form of financial statements.
(b) The financial circumstances now or in the future of any other applicant
If there are any other applicants claiming against the estate, then the Court must balance the competing interests.
(c) The financial circumstances now and in the future of the beneficiaries of the estate
If the beneficiaries of the estate have financial needs of their own, the Court must also take these into account.
(d) Any obligations owed by the deceased to the applicant
The applicant must demonstrate that the deceased owed them an obligation i.e. that the deceased was supporting the applicant financially or promised to do so.
(e) The size and nature of the net estate
The value of the estate is one of the factors the Court will consider but not the only factor. However, a larger estate might mean that more provision can be afforded.
(f) Whether any of the parties are suffering from any physical or mental disabilities
The Court will consider the physical and mental disabilities of the parties, applicants and beneficiaries. The cost of care and the impact of the disability on working capacity will be relevant to consider.
(g) Any other relevant factors including conduct
This enables the Court to consider a wide range of factors not included in the other Section 3 sections. The Court will weigh all the Section 3 factors as a whole when considering whether to make an award to the applicant.
What is the time limit for making an application?
There is a strict time limit of 6 months from the date of the grant of probate to issue court proceedings for a claim which means that applicants must act quickly. Any claim brought outside this time-frame will need Court permission.
How would I fund a claim?
Where parties are unable to fund their claim on a privately paying basis, our firm is able to consider offering a legal funding arrangement.
A Conditional Fee Agreement (CFA) often referred to as, “no win no fee” is an agreement which provides that your legal fees are only payable if certain conditions are met e.g. your claim is successful.
A Deferred Fee Agreement is an agreement which provides that your legal fees are not payable until the conclusion of the claim.
Provision of a funding agreement will be discussed in detail and is considered on a case by case basis.
How would the claim be settled?
We deal with these types of claim sensitively and pragmatically. It is often more appropriate to adopt a conciliatory approach and resolve the issues without the adversarial process of Court proceedings, especially given that these disputes involve family matters. We aim to resolve most disputes by mediation, which can be more cost effective and timely than lengthy Court proceedings. However, where Court proceedings are required, we do not shy away from this process.
What could I receive from my claim?
The Court has wide powers to make awards to applicants. It can award:
- Accommodation security – ranging from a house outright to a rent or mortgage contribution
- Provision to meet everyday costs of living and the cost of retirement
- Provision to meet future costs of care
What can I do if someone is bringing a claim against an estate I inherit from?
If you are a beneficiary or an executor of an estate and a claim has been raised against the estate, then you will need to consider how to resolve it. Executors usually adopt a position of neutrality where claims are brought against the estate and where there is a beneficiary to defend the claim, then this role passes to them.
There are strict time limits for these types of claims and therefore legal advice should be obtained sooner rather than later.
Frequently asked questions
Inheritance Act Claims
Who can challenge a Will?
Anyone who has an interest in the estate can contest a Will but there must be strong grounds to do so. If a person has not received as much as they expected or has been left completely out of the Will, then a claim under The Inheritance (Provision for Family and Dependants) Act 1975 is possible.
Frequently asked questions
Will Challenges
What are the grounds for challenging a Will?
There are various grounds on which a Will can be challenged. These are:
- The Will was not properly executed
In order to be valid, Wills must be made in accordance with the Wills Act 1837. This requires a Will to be in writing, signed by the testator (person whose Will it is) or someone else in their presence and by their direction, and witnessed by two or more witnesses present at the same time. The testator must also intend by their signature to give effect to the Will.
- The Deceased did not have testamentary capacity
For a person to have testamentary capacity they must:
- Understand that they are making a Will and its effects
- Understand the extent of the property they are disposing
- Appreciate any potential claims against their estate
- Not be subject to any disorder or delusion which brings about a disposal which the Deceased would not otherwise have made
- The Deceased lacked knowledge and approval
The testator must know and approve the contents of their Will. The following factors might imply that the Deceased did not know and approve the contents of their Will:
- The Will is overly long and complicated
- The Will represents a radical departure from the terms of a previous Will
- The Will contains spelling errors or uses language unusual for the Deceased
- The Will contains untrue statements or uncharacteristic features
- The Will is evidence of unusual behaviour of the Deceased
- The Deceased was unduly influenced
If someone is exerting undue influence over the writer of the Will, it will not be valid. This means coercion, not necessarily force, but requires something more than mere influence. In order to succeed in this type of claim, it must be proved that:
- The defendant was in a position to exercise influence
- The defendant did exercise influence
- The influence was undue
- The undue influence was exercised in relation to the Will
- It was by means of exercising the undue influence that the disputed Will came to be executed
- The Will was forged
These cases are usually based on arguments that:
- The testator’s signature on the Will is not genuine
- The testator was led to believe they were signing a document other than the Will
- Changes are made to the Will after the testator’s signature without their permission.
The burden of proving a Will is invalid is on the person challenging the Will which means that it is up to them to prove that the Will is not valid. If any of the above grounds are proven to be true the Will may not be valid and the estate will pass either in accordance with the terms of an earlier Will, or is there is no earlier Will, under the laws of intestacy.
What evidence will the court consider?
Each claim is decided on its own facts. The Court will take into consideration the following evidence:
- The solicitor’s (or the person who prepared the Will) file of papers
- The evidence of the Will writer who took instructions and arranged to have the Will executed (known as a Larke v Nugus statement)
- Medical evidence in the form of medical notes and evidence from a GP or capacity expert
- Witness evidence as to the Deceased’s capacity at the time when the Will was executed
- Any other relevant evidence
What is the time limit for making an application?
The time limit for making an application will depend on the type of claim you are looking to bring. Therefore legal advice should be obtained sooner rather than later so that we can determine which type of claim you are bringing and what the time limit is.
How would I fund my claim?
Where parties are unable to fund their claim on a privately paying basis, our firm may be able to consider offering a legal funding arrangement in the form of either a Conditional Fee Agreement (CFA) “no win no fee” agreement or a Deferred Fee Agreement (DFA) where the payment of legal fees are postponed to the conclusion of the claim
Provision of a funding agreement will be discussed in detail and is considered on a case-by-case basis. It can often be difficult to calculate the prospects of success of a Will challenge and therefore we often set an initial estimate to cover the investigatory stage of the matter. This stage enables us to obtain all relevant documentation and assess the prospects of successfully challenging a Will and considering whether we are able to offer a funding agreement. Please contact us for a quotation.
How would the claim be settled?
We deal with these types of disputes sensitively and pragmatically taking into account family relationships and the emotional impact of the claim. It is often more appropriate to resolve the issues without going to Court. We aim to resolve most disputes by mediation which can be more cost effective and timely than lengthy Court proceedings. However, where Court proceedings are unavoidable then we will actively argue the claim.
What can I do if someone is bringing a claim against an estate I inherit from?
If you are a beneficiary or an executor of an estate and a claim has been raised against the estate, then you will need to consider how to resolve it. Executors usually act neutrally where claims are brought against the estate, which essentially means leaving it up to the beneficiaries (persons who inherit) to defend any claim.
Our team are here to support you every step of the way
Case Study
Smoothing the way to resolution
Our elderly client was grieving the sudden loss of her husband, while trying to administer his estate. When concerns were raised about the validity of a Will, we found a resolution and protected our client’s interests.
Source | 2023
“One of my late husband’s adult children from an earlier marriage has lodged a caveat against his estate which is now preventing me from obtaining the grant of probate and dealing with the administration of the estate as I need to. They have also raised concerns about the validity of the will and threatened a claim against the estate under the Inheritance Act – though so far have done nothing further and have not actually brought a claim. I need help to move forward.”