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
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.
Need to Sort out Your Finances?
Around 50% of us make a New Year’s Resolution to 'sort out the finances’ but for most of us it's more of a wish than a firm commitment to take action. Looking at the January appointments we’ve had with wealth management clients here are the topics that we’ve discussed most often. If you’re determined to sort out your finances, these may give you some food for thought.
Bank Liable for damage to credit rating
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.