Inheritance and Will Disputes

Inheritance and Will Disputes in Birmingham

Contesting the estate of a loved one can be awkward and extremely distressing. Reilly & Co solicitors understand the sensitivities and the emotions involved.  From the outset we will provide you with reassurance and a realistic assessment of your case.

If the intestacy or Will has made no provision for a close member of the family or a dependant, a claim for reasonable financial provision can be made pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.  To bring such a claim, it will need to be issued within 6 months of the date of the Grant of Representation and that one of the following applies:

  • 1. You were married to or a civil partner of the deceased (but if you divorced under a Clean Break Order you cannot apply); or
  • 2. You were an unmarried partner of the deceased and lived with him/her for more than 2 years (this includes same sex couples); or
  • 3. You were a child of the deceased or treated as a child of the family; or
  • 4. You were a dependant of the deceased, for example, if the deceased was paying maintenance to you.

Grounds for contesting a Will

The most common grounds for contesting a Will include the following

  • 1. The Will was made against the deceased’s wishes i.e. undue influence has been applied.
  • 2. The deceased lacked the mental capacity to make a Will.
  • 3. The deceased was put under pressure to make a Will.
  • 4. Lack of formality ie the Will was not witnessed by two individuals.
  • 5. Fraud and forgery.
  • 6. The Will has made no provision for a close member of the family or dependant when they should have been included (such as an unmarried partner, spouse or young child).

How can I contest a Will?

If it can be established that the deceased did not have the relevant mental capacity or was subject to undue influence an application can be made to court requesting that the Will be declared void.