Our approach to Will disputes
Before we take any action – before even recommending a suitable course of action – we discuss your Will dispute with you and assess it on an individual basis. We carefully consider your specific requirements and the circumstances surrounding it.
We’ll give you all the information you need: what your options are and how much they are likely to cost.
You can then decide what action, if any, you want to take and whether you want us to put our experience and expertise to work for you to get the outcome you want.
For help and legal advice, call Burnett Barker Solicitors on 01284 701131. You can also request a callback on this page, or pop in and see us at 20 Whiting Street, Bury St Edmunds – we have free parking on site
Will Disputes
If someone has passed away and what has been left for you in their Will is not what you expected, we may be able to help you challenge the Will. If you believe that the Will is invalid, or that you or someone else has been unfairly excluded, we are here to help.
We regularly help clients resolve their Will disputes. The earlier we are involved, the greater the likelihood that we can resolve the dispute sooner and to obtain a more successful outcome.
If you are considering making a claim under the Inheritance Act 1975, simply give us a call on 01284 701131, or request a callback using the form on this page and we’ll be in touch as soon as possible.
Under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), legal action is available where someone has died without leaving sufficient money for someone else’s continued wellbeing – known as making reasonable financial provision.
Important factors when considering an Inheritance Act claim
- The financial needs of the person making the claim
- The financial needs any beneficiary of the estate has
- Any responsibilities the deceased had towards the person making the claim, or towards any beneficiary of their estate
- The value and make-up (eg. properties, assets) of the deceased’s estate
- Any disability (either mental or physical) of the person making the claim, or any beneficiary of the estate
- Any other issues, such as the conduct of the person making the claim, or any other person involved, which the Court may deem as relevant to the case
Who can make a claim under the Inheritance Act?
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be entitled to make a claim against the estate of a deceased person if they believe they have not been reasonably provided for.
The categories of people who can make a claim include:
- spouses or civil partners of the deceased,
- former spouses or civil partners who have not remarried,
- children of the deceased, including adult children,
- any person who was treated as a child of the family by the deceased,
- cohabitees who lived with the deceased for at least two years prior to their death,
- any other person who was financially maintained by the deceased.
Inheritance Act limitation
To bring a claim under the Inheritance Act, it must usually be brought within six months of the grant of probate being issued. Missing this deadline may well result in losing your right to claim. Given the time-sensitive nature of these claims, it’s crucial to seek legal advice promptly if you believe you may be entitled to make a claim.
Bringing an Inheritance Act Claim
If you believe that you have been left without reasonable financial provision in someone’s estate, we can help.
Remember that, because of the limitation period for bringing a claim, involving us sooner means that we are more likely to be able to resolve the dispute sooner and to obtain a more successful outcome.
If you are considering making a claim under the Inheritance Act 1975, request a callback and we’ll be in touch as soon as possible.
In submitting your details, you accept that your data will be held for the purpose of this enquiry and in accordance with our Privacy Policy.
