This may be because the person did not leave a Will, so their wishes are not known, or there could be a dispute about the manner in which the Will was made, such as undue influence being placed on the person making the Will.
If you find yourself in a dispute over the proceeds of an estate we can help. Please contact us for a consultation.
Below are a few examples of where disputes may arise:
No Will has been left.
In this case the estate must be distributed according to the Laws of Intestacy, which sets out who should inherit. You may have a dispute on the basis that the person distributing the estate is not following the correct guidelines.
The Will is invalid.
Wills can be invalid if they were not written, witnessed, signed and dated following the correct procedures.
Mental Capacity was in question.
You may feel that the person making the Will did not fully understand what they were doing, for example if they were suffering from a mental disorder or a disease such as Dementia or Alzheimer’s.
You may feel that the person making the will was pressurised into making or changing their Will. An example may be someone being included in the Will after they had put pressure on the testator.
Generally, financial dependents such as young children should be provided for in a Will. If financial dependents are left out then there may be a case to challenge the Will. People other than young children may be also classed as financial dependents in some circumstances.
Please contact us for a consultation.