Inheritance & Will Disputes

We can help you with an inheritance or will dispute

The death of a loved one can be a difficult time for everyone. An unresolved dispute between family members over inheritance can make things a lot harder.

1 in 3
...people hope to use an inheritance to discharge debt or fund retirement  
1 in 10
...people will simply go into debt without receiving an expected inheritance.

We have partnered with IDR Law, the UK’s only inheritance dispute law firm to help you reach a resolution. You can simply use their inheritance Claim Checker Tool today to find out where you stand.

We can help if you think:

  • You've been left out of a will or received less than expected
  • The will was improperly written or signed
  • You are unhappy with the handling of the estate
  • The will does not reflect the deceased persons wishes

Or if:

  • There is no will
  • You were relying on inheritance
  • Your promised inheritance hasn’t materialised
  • A claim against you has been made which you need to defend

Use the IDR Claim Checker Tool to find out if you can dispute an inheritance.

FAQs

On what grounds can inheritance be disputed?

The courts will consider challenges based on various legal grounds, such as if you think:

  • the will is not legally valid
  • you were dependent on the deceased person for financial support
  • the distribution of the inheritance is being managed improperly
  • promises were made that have not been met.

Who has the right to dispute inheritance?

To dispute inheritance you must be connected to the deceased person, and meet the legal criteria set out within law. This is known as ‘Legal Standing’.

Your relationship to the person who has died, might include:

  • You were married to them
  • They were your parent
  • You were financially dependent on them
  • You’re their direct descendant
  • You’re included in their current or previous will

You must also be within the time limits to raise a legal dispute.

If you do not meet any of these conditions, it may not be possible to dispute the inheritance.

What are the time limits for bringing a claim?

It depends on the type of dispute. Some disputes, such as will validity disputes, have no
specific time limit.

Whatever the circumstances it is important to take advice as soon as possible.

If you wait too long, it may be more difficult to dispute inheritance for a number of reasons:

Evidence

It can be difficult to gather enough evidence to support your case because, witnesses may have died or will files and other documents may have been destroyed.

Settlement

It can be difficult to challenge the administration of an estate that was carried out and settled a long time ago, if it was considered to have been carried out correctly and in good faith at the time.

The courts

The courts may be reluctant to overturn or interfere with a case that was already considered settled, and all decisions made around the estate were considered correct.

Legal time limits

Claims for financial provision under the Inheritance Act have a six-month time limit from the date of probate to bring a claim. There is then a further four months to enter the claim, giving a ten-month period in total.

If this date passes, any future claims would require permission from the courts to bring a claim. The courts would consider whether there was a viable reason to bring a claim outside of the time limit.

What is a caveat?

For will disputes and estate administration disputes, it can be easier to reach a resolution before the inheritance has been dispersed. If you have a valid reason to question the will or the handling of the estate, you can halt probate proceedings by a process called lodging a caveat. A caveat forces the halting of the probate process until the dispute has been resolved.

Use the IDR Claim Checker Tool to find out if you can dispute an inheritance.