Losing a close relative such as a parent is always a difficult and emotional time. Finding out you’ve been disinherited, that is to be cut out of the will, can make this trying time even more difficult.
There is the ability for certain groups of people to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for ‘reasonable financial provision’ from the deceased’s estate if they can show that the deceased did not make ‘reasonable provision’ for them in their will. For instance all children, whether minors or adults, are automatically entitled to apply to court to request financial provision from their parents’ estate under this legislation.
This law was intended to help protect the close dependents of someone who has died and means that in England and Wales you are not completely free to bequeath what you want to who you wish. In recent times there has been a great surge in will disputes in England and Wales, making it clear that as painful as it is, the experience is now common.
These types of claims must be actioned quickly to succeed and turn on their own individual facts. Whether any potential claim would be successful in receiving any award would depend on several factors and requires professional advice.
Our team is made up of specialist experienced lawyers that can provide practical advice to individuals facing these types of claims, as both claimant and defendant, having resolved many disputes over the years.
If you require advice or assistance in relation to any of these issues or other contested probate or Litigation law matters at Jordans Solicitors we have a dedicated Litigation team who can help. Please dial 01924 387 110 and ask to speak with a member of the Litigation team or request a call back.