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Losing someone you love is one of the most difficult experiences in life. It can be made even harder if you think there is a problem with their Will or the disposition of their estate, or if a family member challenges a Will that you are sure is valid.
Contentious probate is a dispute over a person’s Will following their death. It is often between family members and/or close friends of the deceased. These disputes are often divisive and emotional. They are also increasingly common as people are more aware of their legal rights and more willing to litigate over them. The value of estates has also increased as property prices have risen and family structures are often more complicated than they used to be, for example, with children from different relationships.
What is a family provision claim?
Individuals have freedom to leave their estate to whoever they wish in England and Wales. This is unlike the position in many jurisdictions where forced heirship rules dictate to whom an individual’s estate (or a certain portion of their estate) will pass on their death. However, testamentary freedom in this jurisdiction is subject to statutory intervention. The Inheritance Act 1975 enables certain categories of people, who were financially dependent on the deceased, to bring a claim against their estate for reasonable financial provision.
We understand that it can be daunting to bring a claim as you are grieving for your loved one and may also be coming to terms with the fact that they have not provided reasonably for you.We also understand that it can be daunting when a claim is brought against the estate, and you are an executor or beneficiary.
At CWJ we have extensive experience of both bringing contentious probate claims and Inheritance Act 1975 claims and defending them. Althoug0h, some cases can only be resolved following a contested hearing, we are able to settle many disputes via a negotiated settlement, or alternatively at mediation.
For more information, please contact Edward White on 01689 887831 or email edward.white@cwj.co.uk