Bereavement is difficult, but it is even more stressful when you have cause to question the will left by the deceased (or whether they even left one at all). You do not normally want to start Court proceedings but when there is no choice, we can help.
Generally, a person can leave his money and other assets to whoever he wishes by making a will. The wishes in a person’s will are usually upheld. If no will is left, then the estate will be divided according to the intestacy rules.
However, there are circumstances where it is possible to challenge a will or an intestacy.
You can challenge a will where it has not been made properly (for example it has not been signed) or which is a fraud.
You can challenge a will where it has been made as a result of undue influence – where someone has put pressure on the deceased to include certain terms or benefit certain people. You can also challenge a will where it has been made by someone who does not have capacity because they are not of sound mind (for example because of dementia).
Under the Inheritance (Provision for Family and Dependants) Act 1975 it is also possible to bring a claim against an estate (whether there is a will or not) for an award where the will or intestacy rules do not make reasonable financial provision. For example, if you are a co-habitee who has been left nothing under the intestacy rules, or if you have previously been maintained by someone who has died then you may be able to claim.
All of these types of cases require specialist solicitors. We know the law, and have a lot of experience of applying it to all sorts of different cases. We are approachable and friendly – we understand that litigation in these circumstances is extremely stressful, and we work with you to achieve the best result.