Contentious Probate
Disputes between family members over the estate of a deceased seem to be increasing . A claim under the Inheritance ( Provision for Family Dependants ) Act 1975 allows certain individuals to contest a will or intestacy if they believe they have not been adequately been provided for .
Potential claimants
- A spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried or entered into a new civil partnership.
- Children of the deceased , including adopted children and those born outside of the marriage .
- Individuals who were being maintained by the deceased immediately before their death.
A Claimant can claim if they believe the deceased did not make reasonable financial provision for them.
However, there are strict time limits to make a claim . A claim must usually be made with 6 months from the date of the grant of probate or letters of administration .
The Court will consider the Claimant’s needs together with the deceased’s obligations to the Claimant along with the interests of other beneficiaries .
It should be noted that litigation can be a stressful , time consuming and expensive process . It is therefore important to consider other potential ways of resolving any dispute such as mediation .
If you would like more information please contact Graham Young on 01483 796002 or by email gyoung@cheyneygoulding.co.uk
