Inheritance Disputes

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Posted on January 7, 2020
Inheritance Disputes

A case we are currently dealing with has raised a very interesting issue regarding the legal principal of 'abatement' in relation to the administration of a deceased person’s estate. In this brief article we address the question, 'what is abatement?' and give an example of how the principle can be incorrectly applied. Background There are two general types of legacy that can be included in a Will: (i) Specific Legacies – Gifts of specified assets, for example a particular property, piece of jewellery or art work;...

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Posted on December 10, 2019
Inheritance Disputes

When a surviving spouse receives a statutory legacy under the intestacy rules it is important not to overlook their entitlement to interest, writes contentious probate solicitor Chris Green. When a person passes away without leaving a valid will, the rules of intestacy come into action. These are default provisions which determine who is entitled to benefit from the deceased's estate. If the deceased was married (or in a civil partnership) at the time of their death and had children, then the intestacy rules...

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Posted on November 27, 2019
Inheritance Disputes

Our lawyers are experts in inheritance law and are happy to provide free initial guidance on how to challenge a Will or defend a Will that has been challenged. Call our national helpline on 0808 139 1606 or email us at [email protected] The grounds for challenging a Will When considering how to challenge a Will you must first identify the grounds upon which the Will is to be challenged. The most common grounds on which the validity of a Will can be challenged are: (i) lack of...

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Posted on November 19, 2019
Inheritance Disputes

Calculating a presumed date of death For free initial guidance on dealing with the affairs of a missing person or calculating the presumed date of death, call our free legal helpline on 0808 139 1606 or email us at [email protected] A recent case, that of Re Presumed Death of AB, has cast a light on a rather specific aspect of the Presumption of Death Act 2013. In order to try and address the legal issues that can arise where a person is missing and presumed...

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Posted on October 14, 2019
Inheritance Disputes

What is a 'child of the family'? Inheritance dispute lawyer Naomi Ireson looks at a legal concept that can be so important to inheritance claims made by children against their parent's estate. It is relevant where the claimant is not the biological birth child of the deceased. In order to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, you must show you fall within one of the five categories of applicants. In broad terms these are: ...

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Posted on September 12, 2019
Inheritance Disputes

We specialise in defending contested wills on a national basis. To find out how we can help you defend a will challenge speak to one of our expert lawyers by calling our free legal helpline on 0808 139 1606 or email details to us at [email protected]   Defending a contested will claim We have a highly experienced team of contentious probate lawyers who specialise in inheritance disputes. This includes defending a contested will claim on behalf of the beneficiaries and executors named in the will. To...

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Posted on September 12, 2019
Inheritance Disputes

Can I contest a will? There are a number of different grounds upon which you can contest a will. We specialise in helping people to contest a will where they feel the will is either invalid or it fails to provide financial provision to someone who deserves it. To find out where you stand you can call our dedicated free legal helpline on 0808 139 1606 and we will provide a free initial case assessment. You are also welcome to submit brief details...

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Posted on September 12, 2019
Inheritance Disputes

How do I claim my share of a property when my name is not on the deeds? Our free Legal Helpline deals with thousands of calls each year, and one of the most common queries we receive is from people asking, 'How do I claim my share of a property?' The majority of people who own a property will normally ensure their name appears on the title deeds. However, there are circumstances in which those with a rightful claim to ownership of a...

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Posted on September 12, 2019
Inheritance Disputes

"My partner has died and their Will fails to provide for me. Can I claim against my partner's estate or contest their Will?" This is a question we are commonly asked. Because unmarried couples do not enjoy the same legal protection as married couples, there is a great deal of uncertainty about their inheritance rights. People often wrongly assume that a 'common law wife' or a 'common law husband' has an automatic entitlement to inherit. However, the idea of the 'common law spouse' is...

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Posted on September 2, 2019
Inheritance Disputes

A common question our contested probate lawyers get asked is, 'Can I make an inheritance claim if I am divorced or getting divorced?' When a couple divorce a formal court order is often put in place that prevents an Inheritance Act claim being made by one ex-spouse against the estate of the other. If such an Order has not been made, or if death occurs before the decree absolute has been granted, then the surviving spouse will be free to make an...

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