If you are wondering, ‘Can I make an inheritance claim?’ then this is what you need to know.
When a loved one passes away, the distribution of their estate can sometimes lead to disagreements among family members, loved ones, and other potential beneficiaries. Understanding your legal rights and whether you can make an inheritance claim is crucial if you find yourself embroiled in such a dispute. This article will guide you through the key factors to consider and the steps involved in making an inheritance claim.
On what grounds can I make an inheritance claim?
There are several scenarios in which you might be entitled to make an inheritance claim.
The most common inheritance claim is one that is made under the Inheritance Act. These claims are made where financial provision under a Will (or the intestacy rules) has been inadequate. Various categories of claimant have legal standing to bring an Inheritance Act claim, such as spouses, partners, children, or anyone who was financially dependent on the deceased.
Inheritance claims can also take the form of a legal challenge to the validity of a Will. There are several grounds upon which the validity of a Will can be challenged, such as mental incapacity, undue influence, and fraud.
What steps do I need to take?
- Seeking Expert Legal Advice
Inheritance laws can be complex, so it’s crucial to get advice from a specialist contentious probate solicitor. Our team will assess your situation for free, and advise you on the best course of action.
- Gathering Evidence
Collect together any relevant documents, such as the Will, death certificate, a grant of probate or letter of administration and any correspondence or documents that might support your claim. Evidence of the deceased’s intentions, such as letters or notes, can also be valuable in supporting a claim.
- Presenting a Claim
Our team will investigate your case and present a claim, outlining the grounds being relied upon and the evidence in support.
- Attending Mediation or a Court Hearing
In many cases, disputes over inheritance are resolved out of court, often through mediation. Mediation is cost-effective, and can provide a quicker resolution than conventional court proceedings. If mediation fails, the case may proceed to court, where a judge will ultimately make a final decision.
What issues do I need to consider?
There are various factors that you need to bear in mind. These include:
- Time Limits – strict time limits and deadlines apply when bringing an inheritance claim, so avoid delay and take specialist advice as early as you can.
- Burden of Proof – The onus is generally on the claimant to prove their case.
- Family Dynamics – Inheritance disputes can strain family relationship, so it is important to take this dynamic into consideration.
So, can I make an inheritance claim?
If you feel you have a claim then our specialist team of contentious probate solicitors is on hand and ready to help you. We offer a free consultation service, along with a range of funding options, such as our popular No Win, No Fee scheme.
Call our free legal helpline today on 0333 888 04087 or email a brief summary of your claim to [email protected] .