Wills & Probate Disputes

Contentious probate

Sadly, it is not uncommon for conflict to arise around wills and inheritance following the death of a family member. Inheritance disputes often arise when people have been unexpectedly left out or feel that they have been treated unfairly by the provisions of a will. Cases involving disputes over the way a deceased person’s estate is administered or distributed are known as contentious probate.

Contesting a will or making an inheritance claim

It is sometimes possible to contest a will or to make an inheritance claim against the estate.

Anyone with a beneficial interest in the deceased’s estate can challenge the validity of a will, if they have legal grounds, however only certain groups of people are allowed to bring an inheritance claim. These include the spouse, civil partner or children of the deceased and other individuals who were financially supported by the deceased prior to their death. In certain circumstances a cohabiting partner, or even former spouse or civil partner, may be able to make a claim.

Usually, inheritance claims under the 1975 Act must be made within six months of the Grant of Probate (or Grant of Letters of Administration in cases where there was no will), so it is important that you seek legal advice as soon as you possibly can. The time limit to contest a will is 12 years from the date of death, except in cases of fraud where there is no time limit.

We’re here to help

Contact us to discuss your case with a member of our disputes and claims team. You can email enquiries@cartridgeslaw.co.uk or call us on 01392 256854.