Defending a will and your inheritance
After suffering bereavement it can be distressing if someone challenges the Will of the person who died or if people come forward claiming to be owed large sums of money – that they want to be paid before the estate can be distributed.
This can be especially important if you have been appointed as a “personal representative” with legal responsibility to correctly distribute the property, land, money and possessions of the person who died. There are 2 types:
- Executor - Where the person who died left a Will then this will usually have appointed executors. The executors are legally liable to ensure proper distribution to the correct people.
- Administrator - If there was no Will, then the Intestacy Rules apply and an Administrator is appointed by the court to apply those rules. The Administrator is usually a close blood relative of the person who died.
As personal representative, you will need to decide on whether to defend the claim or challenge being made. You can be personally liable if you get it wrong. That is why personal representatives usually instruct solicitors to act on their behalf.
This is also important if you are not a personal representative but were due to receive a benefit from the person who died and now stand to lose out if the challenge is successful. We recommend that you take early legal advice on defending your inheritance under the Will or under the Intestacy rules (that apply if there was no Will). Our specialist lawyers will aim to ensure that you keep what is rightfully yours.
We can advise you on the basis of the challenge being brought, whether it has any merit and how the court would be likely to deal with it.
With this knowledge we can help you plan the next steps to defend your inheritance and secure a good outcome. This might be to negotiate an ‘out of court’ agreement or to use mediation or to fully defend it.
Whatever the basis of the challenge you should take early expert legal advice. Our Free Initial Assessment is there to enable people like you facing this type of situation receive early, confidential telephone advice from an expert lawyer. Please call us on 0808 274 7557 or use the webform to get your free advice as to whether you have a situation where we can help you.
Have a question or need some help? Call 0808 274 7557
Click here to get in touchContesting a will or inheritance FAQs
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Defending a will and your inheritance
After suffering bereavement it can be distressing if someone challenges the Will of the person who died or if people come forward claiming to be owed large sums of money – that they want to be paid before the estate can be distributed.
Failure to make reasonable provision
If a Will or the Intestacy Rules (that apply where there is no Will) leave people close to the person who died without sufficient money to get by there is a special type of claim that can be brought. They can claim for ‘reasonable financial provision'.
Forged will
A Will can be challenged where it can be shown it was a forgery. That could be because it is a false document or perhaps one having a faked signature.
Funding your case
Free Initial Assessment: With QualitySolicitors, our confidential telephone service means that it doesn’t cost you anything to speak to one of our expert lawyers to find out how we can help you.
Probate dispute – over how the estate is being distributed
The person or people appointed to distribute the property, land, money and possessions of the person who died are referred to as personal representatives. It can be quite a complicated job and they can be personally liable if they get it wrong.
Unfairly and unexpectedly left out of the Will
A Will can be challenged if it unfairly leaves someone out. There are 3 main types of claim that can be made when you are left out of a Will:
Will and inheritance dispute time limits
The earlier you take advice the better. The time limit that applies depends on the type of Will or inheritance claim that you have. Each case is different but the time limit can be as little as six months.
Will is not valid
A Will needs to comply with the rules for making a Will so that when the person making it dies it has legal force and is followed.
Will was made under pressure
The challenge to the Will might be because the person was pressurised into making the Will against their free will. The legal term is “undue influence”.
