Will disputes

Sometimes the remaining family of a deceased person will be unhappy about the way in which the estate is distributed, whether under the Will or, if they die without a Will, under the intestacy rules.

Misunderstandings may also mean that someone who thought they would inherit does not. For example, unmarried couples do not have automatic rights of inheritance and will not inherit anything unless the deceased made a Will to this effect.

How Clarke Willmott can help

• Contesting a Will – we can help you contest a Will if you believe that the Will was fraudulent, the deceased was under undue influence when making their Will or the deceased did not have capacity to write a Will.
• Inheritance Act claims – if you or a member of your family thinks they should benefit from a person’s estate, we can advise on the type of claim which could be brought to try and secure your inheritance.
• Defending a Will – we can advise executors and Trustees about how to continue dealing with an estate if such a claim is brought against the estate by another person.
• Intestacy – we can help you make a claim where there was no Will left so the deceased died intestate.
• Invalid Will – we can advise in cases where the Will is invalid – for example the Will was not signed.
• Family Will disputes – in cases where people have been promised assets but have been left out of a Will, if there is proof, it can be possible to force the beneficiaries of the estate to honour the promises made. This is a complex area and sometimes involves negotiating both with other family members and HM Revenue & Customs.

Related services

• Probate and estate administration

Helpful links

• Capacity to make a Will factsheet
• Wealth, Health and Inheritance Briefing – view the latest edition and sign up for regular updates
• Family Wealth blog – for news and articles

Contact a Wills and Probate solicitor

For legal advice about a Wills dispute, contact one of our specialist Wills solicitors on 0800 652 8025 or contact us online.