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Inheritance and Probate Issues

The death of a loved one is a stressful time for everyone. Difficulties are exacerbated if Probate does not go smoothly or the Estate is not to be distributed in a way perceived as fair by all. We can advise and help you achieve resolution.

Unreasonable provision

If you are disappointed by the amount left to you by Will or under the intestacy rules, you may be able to bring a claim under the Inheritance 9Provision for Family & Dependents) Act 1975 for reasonable financial provision if you:

  • Are or were married or in a civil partnership with the deceased;
  • A child or treated as a child;
  • Were otherwise financially supported by the deceased.

Or

  • If the deceased promised to see you were provided for an you have acted in reliance of that promise (Promissory or Proprietary Estoppel);
  • You may have a claim on the Estate if you financially helped the deceased on the understanding that you would share a benefit (TOLATA)

We have considerable experience of acting for both disappointed Beneficiaries and in defending this nature of claim including matters referred to the House of Lords.

Challenge a Will

We can advise as to validity of a Will if you believe:

  • The maker did not know what he or she was doing or leaving or;
  • The maker was pressurised by others or;
  • Legal formalities were not properly followed when the Will was made.

Difficulties with Administration

We can advise when there is a concern that an Executor is not performing his/her duties as required, for instance, we may be able to:

  • Demand Estate Accounts;
  • Apply to replace the Executor or Personal Representative;
  • Seek clarification from the Court regarding unusual scenarios

 

  • Orlando Bridgeman
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