Inheritance Claims and Disputed Probate – Solicitors In Bournemouth

Inheritance Claims and Disputed Probate – Solicitors In Bournemouth Can Help

Inheritance disputes can divide a family and cause huge tensions. If you can, it is best to avoid disputes by ensuring that all members of the family are aware, at least in a general sense, of the contents of your will and the reasons behind the decisions that were made.

If an inheritance claim or dispute is looking likely you should always try and settle it before using a solicitor to do it for you if you possibly can. There is often a human cost to an inheritance dispute as well as a financial cost.

Ultimately, it may not be possible to avoid an inheritance claim. And that’s when you should speak to us as we are professionals in this area. Whether you are making a claim or a defending one, we can help you. However, as a claimant you do need to be aware of the six month rule.

Summary of THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975.

Inheritance claims are generally made under the Inheritance (Provision for Family and Dependants) Act 1975. This is often referred to as The Inheritance Act.

Claims may be made where there is a valid Will has or when the rules of intestacy come in to force, (where there isn’t a will) and unless there are exceptional circumstances, any claim must be made within 6 months of a grant of Probate or Administration being obtained.

The Inheritance Act allows the courts to distribute an estate when the will or intestacy rules don’t make “reasonable financial provision” for the applicant.

Who Can Claim Under The INHERITANCE ACT?

Wives, husbands, children, civil partners, co-habitees, and those maintained by the deceased may make a claim under the Act.

Why Are Claims On The Increase?

There are a number of reasons that claims may be increasing;

  1. Estate values have increased, primarily due to the value of property.
  2. Divorces, remarriages and co-habitation have increased, leading to complex families and therefore complex claims and opinions.
  3. Publicity on television and other media has made the public more aware of the claim process and outcomes.

How is “REASONABLE FINANCIAL PROVISION” determined?

The determination of reasonable financial provision shows a marked difference when dealing with surviving spouses and other types of claimants.

If the claim is by a spouse of the deceased “Reasonable Financial Provision” is financial provision that would be reasonable for a husband or wife to receive, irrespective of whether it is required for maintenance.

In general, For everyone else making a claim, “Reasonable Financial Provision” is financial provision that’s reasonable for maintenance.

When Do You Want To Get A Solicitor Involved?

Executors and the person bringing a claim are represented by their own solicitor. This is because Executors are neutral and if there are solicitors already involved in dealing with the estate they must avoid conflicts of interest. Claimants must have separate lawyers.

Who Pays The Bill When A Claim Is Lost or Won?

Litigation means you have to consider how much things will cost and how it will be paid.

The court will decide who will pay the costs, and it is often the case that the costs are recovered out from the estate. However, this is not guaranteed. Bringing a claim means you have to consider what you would be liable for if the claim fails or if the estate did not meet the costs of the claim.

To fund a claim there are a number of options, which your solicitor can discuss with you;

If You Have Any Questions Please Get In Touch

Knowing if you have the chance of succeeding with a claim means you have to take professional advice. For your free initial consultation please telephone us so that we can give you some initial guidance or email help@solicitorsinbournemouth.com with Inheritance Claims And Disputed Probate in the subject line.

Hamilton Court House, 1-3 Alum Chine Rd, Bournemouth BH4 8DT

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