Inheritance Disputes | London | Manchester | Richardson Lissack Solicitors Richardson Lissack

Why might inheritance disputes occur?

The most common reason why an inheritance dispute will arise is where a party disputes the accuracy or overall validity of a Will. Alternatively, they may feel that inadequate provision has been made for them out of the estate of a loved one. If an estate isn’t being administered in an appropriate way by the executor or administrator then this can lead to disputes. Delays may also cause disagreements to arise, particularly if a party feels that the disbursement of assets is taking longer than it should.

In many instances, however, disputes arise because the deceased hadn’t made a Will or that a Will was made but is invalid, perhaps because of procedural irregularity.

Another source of dispute and disagreement is regarding the intestacy rules. When someone dies without a Will, the assets will pass to the closest living relative according to the rules of intestacy. In some instances, people close to the deceased such as an unmarried partner or another dependant, may feel that this is unfair.

If someone was dependant on the deceased prior to their death but haven’t been left enough money in order to support themselves, they may seek redress through the law. In such instances, some protection is offered through the Inheritance (Provision for Family and Dependants) Act 1975.

What is the Inheritance Act and who can make a claim?

The Inheritance (Provision for Family and Dependants) Act 1975 is a legal act of parliament that makes it possible for some people to make a legitimate claim from the estate of a deceased person.

An Inheritance Act claim may be by spouses, civil partners, children cohabitees, and certain other classes of dependants who were dependant on the deceased prior to his or her death but have not been reasonably been provided for either in the deceased’s Will or through the intestacy rules.

The Act states that a surviving spouse (including civil partners) is entitled to such financial support as is deemed reasonable in their particular circumstances, not just what’s required for their maintenance. In practical terms, this means that a spouse or civil partner is effectively entitled to enjoy a comparable standard of living to that which they enjoyed before their partner’s death. Anyone else who wishes to make a claim under the Inheritance Act may be entitled to reasonable financial provision for their maintenance, as long as the estate can provide it.

In most cases, inheritance disputes can and should be resolved through informal arrangements or alternative dispute resolution (ARD). Richardson Lissack is experienced at negotiating for our clients and will look to resolve issues in the most cost-effective way.

Prevention is better than a cure

How Richardson Lissack can help

Our lawyers are available to assist you and provide legal advice.

Contact London 020 3753 5352 or Manchester 0161 834 7284. Alternatively you can email info@richardsonlissack.co.uk

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Why might inheritance disputes occur?

What is the Inheritance Act and who can make a claim?

How Richardson Lissack can help

Our lawyers are available to assist you and provide legal advice.

Publications

Understanding Claims Arising from Restrictive Covenants in Contracts of Employment

Understanding the Seller’s Property Information Form (TA6) and its Implications

Recruitment Agency Fees: How to Resolve Disputes Over Unpaid Fees

Bringing a Professional Negligence Claim: What You Need to Know

Purchasing/selling your horse; everything you need to know

Professional Negligence Claims

Common issues relating to civil litigation

Civil Litigation from both sides

Three basic stages of civil litigation

How to prepare your business for an IR35 civil investigation

Other Civil Litigation services

Alternative Dispute Resolution

Civil Fraud

Commercial Property Disputes

Company and Shareholder Disputes

Contract Disputes

Intellectual Property Disputes

Partnership Disputes

Professional Negligence

Residential Property Disputes

Our team of experts

Director

Trainee Solicitor

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