Making an inheritance claim
If you are considering making an inheritance claim the first thing you need to decide on is whether your claim is going to be made under the Inheritance Act, or whether you are going to pursue it by contesting the validity of a will. These two approaches to making a claim are not mutually exclusive, so claimants can sometimes opt for both.
Inheritance Act claims
The Inheritance Act allows certain categories of people to claim financial provision from the estate of someone who has passed away. Those categories include spouses, children, partners and anyone who was a financial dependant.
The court will take a range of factors into account including your financial needs, any health issues and housing requirements.
It is important not to delay in making this type of claim as cases must be presented in court within six months of the grant of probate.
Contesting the validity of a will
If the deceased has left a will that fails to make adequate provision for you then you can consider contesting the validity of that will.
Inheritance claims based on challenges to the validity of a will includes situations where the maker of the will did not have mental capacity or was subjected to undue influence. The validity of a will can also be disputed on the basis of fraud, forgery or a failure to comply with the formalities of The Wills Act.
Free legal helpline
If you are not sure about the correct basis for bringing your claim then please don’t worry. All you need to do is contact our team with a summary of your case and they will tell you which of these approaches is likely to be the best for you. Call us on 0808 139 1599 or email us at [email protected]