Out of Hours: 07768 208079

Telephone: 0800 2461012 

Email: enquiries@mitchellssolicitors.co.uk

"Traditional Values - up-to-date knowledge"

Inheritance Claims or Disputed Wills

Our Solicitor Philip Chapman can advise you on all types of inheritance claims. These include:

Inheritance Act Claims

1. A claim for provision out of the estate of a deceased person under the Inheritance (Provision for Family and Dependants) Act 1975. If not agreed out of Court these claims normally need to be made to the Court within six months of the date of the Grant of Probate of the Will or the Grant of Letters of Administration if there is no Will. The claims can be made by various classes or persons who are or were related to the deceased including:

(a) A spouse or civil partner of the deceased.

(b) A former spouse or former civil partner of the deceased who has not remarried or entered a new civil partnership.

(c) A child including an adult child of the deceased.

(d) A child of the family of the deceased eg a step-child.

(e) Any other person who just before the deceased's death was being maintained by the deceased.

(f) A person who during the whole of the two years just before the date of death was living in the same household as the deceased as his or her wife or husband.

Probate Claims

Wills can also be challenged by claiming for example that the deceased did not have mental capacity to make a Will because he was of unsound mind or was suffering from insane delusions or was acting under the undue influence of someone. Such claims can be made by someone who would be a beneficiary of the deceased's estate if the Will were to be set aside. This might include a beneficiary under a previous valid Will or the next of kin who would inherit all or part of the estate in the event of the deceased having died intestate ie without having made a valid Will. We normally act for the client on a No Win No Fee basis which means that the client has nothing to pay unless the case is successful. If it is successful the costs are normally paid either out of the sum awarded or out of the estate or a bit of both. Most such cases are successfully resolved by agreement usually after court proceedings have started. We can act for the client wherever you live provided that the deceased at the time of his death was domiciled (ie had his permanent home) in England or Wales.