Unfortunately, disputes can arise in relation to the Wills or Estates of individuals in a variety of ways and very often these type of cases involve disputes between family members.
In these cases we will always give careful consideration to the family relationships as opposed to the purely commercial considerations. We will always seek where possible to resolve your case by negotiation or mediation, therefore avoiding the need for expensive litigation.
The Wills & Inheritance Dispute teams in Chesterfield, Sheffield and Mansfield are very experienced in dealing with contested Wills and claims under the Inheritance (Provision of Family and Dependants) Act 1975, for both claimant and defendant. These type of claims arise where a person feels that a reasonable financial provision has not been made for them in the Will or intestacy of the deceased. The 1975 Act allows certain categories of claimant to seek a reasonable financial provision from the estate.
The following people are entitled to make a claim under the UK Act:
- A spouse or civil partner of the deceased
- A divorced spouse or a separated civil partner of the deceased, given that they have not remarried or entered into a new civil partnership
- Any person who lived with the deceased for a minimum of two years prior to their death
- A child of the deceased (including children over the age of 18)
- Anyone who was treated as their child by the deceased person, including adopted children, fostered children, step children and so on
- Anyone being cared for by the deceased person prior to their death
How to Make a Will
Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.
To help you get started, here are a few things you should think about when making a Will.
Challenging a Will
We know that challenging a will can be a really stressful and emotional time so in this video our Head of Dispute Resolution, Rob Stubbs, covers the options available to you. This includes how you can challenge the validity of a will and your options under the Inheritance (Provision for Family and Dependents) Act.
What is Contentious Probate, and how does it affect me?
Losing a loved one is always difficult, but it can be especially hard in cases where disputes arise in relation to their Will or Estate.
Types Of Wills Explained
Kathryn Wheeldon discuses the different types of Wills that are available, and how to decide which one to choose.
Trust Registration Service
If you are a Trustee, you need to be aware that new rules came into force in October 2020 extending the requirement to register Trusts with the Trust Registration Service (TRS).
Judge rules to uphold deathbed Will
The England & Wales High Court has upheld a Will executed on his deathbed by a man who left everything to his long-term partner. Lee Foster, Director and Will Dispute specialist said, “The law provides individuals with wide discretion on how their estate should be distributed on their death; although there are specific circumstances under which this discretion can be challenged”.
Will the new video witnessing laws cause a rise in future Will disputes?
Lee Foster, Dispute Resolution Solicitor and ACTAPS member considers this.
Wills - The importance of getting it right
The Coronavirus has affected everyone in many different ways, but one thing is for sure, it has provided a reminder to many of us about the importance of having our personal affairs in order. For most people this process starts by writing a Will.
Daughter loses High Court battle over mother’s estate after judge rules Will was forged
A Nottinghamshire man who took his sister to court over claims she faked her mother’s Will in a bid to unlawfully claim almost half of her estate has today spoken of his relief after the High Court ruled that the document was a forgery.
Online Privacy in the Office
Companies are within their rights to monitor the private online activities of their employees when they are in the office.
Birth Injury- The patient’s right to information
A woman recently won damages on behalf of her son for injuries sustained at his birth as a result of the alleged negligence of a consultant obstetrician and gynaecologist.
Divorce Survival Tips
We’ve enlisted the help of some local relationship counsellors in Sheffield to provide you with some survival advice to help get you through a divorce.