Wills, Probate & Trusts Disputes

When a loved one dies, it is an extremely difficult time, and this can be made even harder if adequate financial provision has not been made for you. This may be because a will was not made, or because the will does not include you at all or to the full extent of your needs.

Our wills and probate solicitors in Doncaster and Sheffield can advise you of the possible claims that you may have, from challenging the validity of a will to claiming for reasonable financial provision.

How to challenge an estate

Prior to their death, a loved one may have prepared a will, setting out how they want their estate to be distributed. However, you may decide that you do not consider the will has made adequate provision for you, or it may be that no will was prepared and the distribution of the estate under the rules of intestacy does not make provision for you.

Claims of this nature 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 is a will then there are various ways that you can seek to challenge it:

• Formation – There are very specific rules as to how a will should be prepared and signed. A will is not valid unless it is signed by the person making it and two witnesses.
• Capacity – You must have testamentary capacity to enter into a will.  This can be limited, for example by Dementia or Alzheimer’s.
• Undue Influence – If the person making the will has been given false information regarding a potential beneficiary, this can influence their opinion and encourage them to make their will not as they wish. Alternatively, they could have been forced to prepare a will in a certain way.
• Change in Circumstances – Marriage, civil partnership or divorce may invalidate an otherwise valid will unless made with the specific future event in mind and referred to in the will.

How we can support you

At Taylor Bracewell, our solicitors in Sheffield and Doncaster can help advise you on all aspects of a will, probate, or trust dispute.

For more advice call our wills and probate solicitors today on 01302 341414 (Doncaster) or 0114 2721884 (Sheffield).

We can also help you with any of the following: