Contested Wills, Trusts and Probate

Inheritance Act claims

At Ellisons we have helped many clients make successful claims under the Inheritance (Provision for Family and Dependants) Act 1975. If you believe you have not been properly provided for the Inheritance Act enables certain persons to make a claim for reasonable financial provision.

If you are:

• the husband, wife or civil partner of the deceased;
• the former husband, wife or civil partner of the deceased;
• someone who had lived with the deceased for at least two years prior to their death;
• a child of the deceased (or someone who was treated as a child of the deceased); or
• someone who was being financially supported by the deceased prior to their death

Then you may be eligible to bring a claim under the Inheritance Act.

Claims under the Inheritance Act must be brought within 6 months of the issue of the grant of representation to the estate. If this deadline has passed we may still be able to help, the important thing is to act as quickly as possible.

Challenging the validity of a Will

If you are concerned about the circumstances in which a was Will prepared because, for example:

• the person making the Will was not of sound mind and understanding or did not know and approve the contents of the Will;
• the Will was not made with free will and without undue influence; or
• the Will was not signed and witnessed correctly

Then we may be able to assist you with challenging the validity of the Will.

Our Contentious Probate specialists will seek to resolve the matter by negotiation, mediation or other alternative dispute resolution methods where appropriate. This will help to keep your costs down and avoid going to court where possible (although not always avoidable). Our team will discuss the necessary course of action with you and guide you through the law.