When a loved one dies it is an extremely difficult time. This can be increased if there has not been adequate financial provision made for you. This may be because a Will was not made or the Will does not include you at all or to the full extent of your needs.
If you speak to Taylor Bracewell, we can advise you of the possible claims that you may have from challenging the validity of the Will or a claim for reasonable financial provision.
How to challenge an estate
Prior to dying a loved one may have prepared a Will setting out how they want their estate to be distributed on their death. It could be that despite this you do not consider that the Will has made adequate provision for you. Or it could be that a Will was not prepared and the distribution of the estate under the rules of intestacy does make provision for you.
Claims of these type are brought under The Inheritance (Provision for Family and Dependants) Act 1975. On the basis that the estate does not make reasonable financial provision, be it under the contents of the Will or on intestacy. To bring these claims you will have to show what reasonable financial provision would be for you. There are very strict time limits in bringing these types of claims and therefore we would suggest that you seek legal advice straight away.
Alternatively, it could be that the deceased prior to their death made a promise to leave something to you in return for you doing something for them (for example offering care). You could bring a claim seeking that the estate is distributed to honour that promise.
Ways to challenge a Will
If there was a Will then there are ways that you could also seek to challenge the Will:
For more advice about Wills, Probate and Trust disputes call our team today on 01302 341414
We can also help you with any of the following: