Rollingsons

DO YOU NEED TO CONTEST A WILL?   ARE YOU A DEPENDANT OF THE DECEASED WHO HAS BEEN LEFT STRUGGLING FINANCIALLY FOLLOWING THEIR DEATH?

If so you may still be able to claim against the Estate of the deceased.  It is important to seek specialist legal advice as soon as possible because strict time limits may apply. Any delay may prevent you getting the funds or property  to which you might be entitled.

The Inhertitence Act 1975 allows certain persons to make a claim against a deceased's Estate after the death.

CAN I CLAIM UNDER THE INHERITANCE ACT 1975?

Should you have inherited under a Wil, l but did not?  Is your share of an estate significantly less  than it should be? If so are you:

1.       A husband, wife, civil partner or cohabite of the deceased

2.       A former husband, wife or civil partner of the deceased who was receiving maintenance and has not remarried/entered into a new civil partnership

3.       A child of the deceased

4.       Any person who was treated as a “child of the family” of the deceased

5.       Any person who was partly or wholly maintained by the deceased immediately before death

CAN I CONTEST A WILL?

Generally ,a person can make a Will leaving money or property to anyone.   But sometimes there are circumstances where a Will can be successfully challenged. For example:

1.       The  Will does not reflect the wishes of the deceased because it was drafted negligently or contrary to the instructions of the deceased

2.      The Will was signed under undue influence e.g The deceased was pressured into signing the Will

3.       The deceased lacked the necessary mental capacity to sign or give instructions for a Will e.g. the person was suffering from dementia or a similar mental illness when the  Will was made

4.      The  Will has been signed incorrectly (a common problem with homemade wills)

5.       Even if a Will is valid, you may be able to claim against the solicitor or other professional if they negligently drafted the Will

FUNDING A CLAIM

If you are worried about covering the costs of making a claim then Rollingsons are potentially able to offer you a Conditional Fee Agreement which is sometimes known as "No Win No Fee" arrangement to assist in funding your case.

In all cases it is essential that you  act quickly.  Contact  Gareth Hughes, Head of our Private Client Department on 0207 611 4848 or by e-mail to ghughes@rollingsons.co.uk to arrange a consultation.