Inheritance disputes and Inheritance Act claims

There are occasions when someone in financial need is ‘left out’ of a will, or not adequately provided for by the intestacy rules or the will itself. For example, a spouse, civil partner or cohabitee may have died without leaving enough financial help to those dependent on them. In such cases, the law recognises that the distribution of an estate may not always reflect the expectations of those left behind.

Expert legal support on inheritance claims

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A first-rate reputation, handling cases with calm diplomacy.

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A court will take a number of factors into account when considering claims under this act, and it can make a variety of different types of order if a claim is successful. Not all claimants have equal rights to financial provision.

We have substantial experience in advising both those bringing claims under the 1975 Act, and those defending such claims, either as executors or beneficiaries whose own share will be affected by the claim.

While it is often necessary to issue court proceedings in respect of these inheritance disputes, such claims are frequently resolved by negotiation or mediation, and avoiding the financial and emotional cost of taking the dispute all the way to a final hearing in court.

How we help our clients

Bringing claims under the 1975 Act

Defending claims on behalf of beneficiaries

Advising on the role of executors in 1975 Act proceedings

Court procedure

Mediation and alternative dispute resolution

Useful resources

Recent work highlights

Claim by disabled son

Acting for an adult child with a minor disability in a claim against his late mother’s estate for further financial security and provision.

Executor guidance

Advising executors of their role when 1975 Act claims are brought, guiding them on any potential conflict of interest and the information that they are required to provide.

Cohabitee rights

Acting for a cohabitee whose partner died without leaving a will, and who therefore inherited nothing from his estate; additionally, successfully challenging a will which left provision for a cohabitee, but which was not adequate for him.

Removal of trustees and personal representatives

Representing the niece of a successful businessman in a claim regarding the court’s jurisdiction to remove trustees and personal representatives from office, in circumstances where it was expedient to do so in the best interest of the trust.

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