This area of law is known as contested probate and is becoming an increasingly larger area of litigation. It is when someone asserts that a Will is not valid or that they wish to make a claim on the estate under the Inheritance Act 1975 to receive financial provision from an estate.
Only 70% of people in the UK have a Will and so many will die Intestate and their estate be distributed as the intestacy rules dictate. Those whodo make a Will are generally leaving it until later in life to do so. As our population lives longer, this means mental capacity is being questioned more regularly. Also second marriages and the increase of co-habitation are meaning more people are challenging Wills, as they believe they have been unfairly treated or left out of a Will, or they are making claims on estates, as they do not think they have been adequately provided for either within a Will or within the rules of intestacy.
At Routh Clarke we regularly act for administrators of estates and for claiming parties. Our aim is to try to make the process as straightforward as possible at an already difficult time. If you would like to discuss any of the scenarios below or you have one not mentioned, then please give us a call to discuss your specific situation. The initial chat is free and we’re sure we can help you see your way through this difficult time.
We are here to help you. To make a free, no obligation enquiry please call us on 01935 823883 or complete a Free Online Enquiry and we will soon be in touch with you.
If you have any doubts about the probate process, we recommend you speak to us for some initial advice, as the time limits are relatively short for this kind of action and so the faster you understand your choices, the more chance you have of taking the right course of action.