Specialists in Probate Disputes and Litigation
More wills are being contested because of the increase in divorce and remarriage. High profile disputes involving celebrities are also fuelling the trend for legal action.
Coles Miller’s specialist contested probate solicitors can help you to:
- dispute a will if you have been unfairly overlooked
- defend a will from spurious legal challenges.
Claiming Under the Inheritance Act:
Claiming under the Inheritance Act 1975 begins with the idea that the deceased didn't leave enough money for the person making the claim. Sometimes a claim under the Inheritance Act 1975 can override the terms of a will. However, calculating the value of a claim is complex as everyone's situation is different.
The Inheritance Act 1975 is not meant to help people who are unhappy with what they've inherited. But in tough situations, such as financial hardship, it recognises a moral duty. It's up to the person making the claim and their legal representative to show the Court that what they've been left isn't enough to cover their basic needs.
When looking at a claim, the Court asks important questions.
- Does the Will (or intestacy provisions) adequately provide for the applicant's financial needs?
- If not, should the Court intervene to award suitable provision from the estate?
- If intervention is warranted, what form of provision is suitable in the specific circumstances of this case?
The Court meticulously evaluates the merits of a claim by considering various factors, including but not limited to:
- The size and composition of the deceased's estate.
- The present and anticipated financial resources and needs of the applicant.
- The financial situation and expected needs of other applicants seeking relief under the Inheritance Act.
- The financial position and foreseeable requirements of beneficiaries designated in the estate.
- The deceased's prior obligations and responsibilities towards any claimant or beneficiary.
- Any physical or mental impairments affecting the applicant or beneficiaries.
- Any additional pertinent matters, including the conduct of relevant parties, deemed relevant in the case's context.
Every case is different, and the Court carefully looks at all the details before deciding.
If the Court chooses to make an award, then it can be made in a number of different ways. This can include:
- A lump sum payment;
- An order for sale of a property;
- An order giving a lifetime right to occupy a property which then reverts to the estate;
- An order for payments to be made at regular intervals
The above is only an indication of the possible orders that may be made by the Court. The Court has a wide discretion to make an award which would be suitable for each particular estate in order to provide the applicant with the reasonable financial provision that they are entitled to.
