Financial pressure, an ageing population and more complex family structures are leading to a greater number of people disputing Wills and challenging their inheritance. At Clarke Mairs we can advise about bringing a claim, defending a claim and your position as Personal Representative.

DID YOU KNOW

  • Claims are typically made on the following grounds:
    • The testator lacked testamentary capacity at the time the Will was made
    • The testator lacked knowledge and approval of the Will
    • The testator was unduly influenced into making a Will on terms they did not desire
    • The claimant received inadequate financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
    • The trustees have not carried out their duties properly.
  • Although people have “testamentary freedom” and are at liberty to leave assets as they wish, the law balances this with a duty to provide for certain family members. Spouses, cohabitees, children and dependants can make a claim on your estate when you die under the Inheritance (Provision for Family and Dependants) Act 1975 within 6 months of the Grant of Probate/Letters of Administration being issued. When making your Will we can advise about potential ways to mitigate such a claim.
  • Matters often do not need to reach Court. We will consider your options with you to reach a cost-effective settlement.

 

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