Even with a valid will in place, a contentious probate claim can still be brought against an estate for ‘reasonable financial provision’.
Contesting a will (also known as contentious probate) can be complex, and professional advice should be sought at the outset. This is particularly important as strict time limits are in place for any such claims.
To claim reasonable financial provision, the individual needs to fall into one of the following categories. The person must be:
- The spouse or civil partner of the deceased
- The former spouse or civil partner of the deceased (and has not remarried or entered into another civil partnership)
- Living with the deceased for at least two years before their death
- One of the deceased’s children (including adult children)
- Treated as the deceased’s child (e.g. adopted, fostered, step-children)
- Being maintained by the deceased, either wholly or partly
When a will is contested, the court will undertake a balancing exercise. They will take into consideration a range of factors, including the financial resources of the claimant, their expected requirements and also any requirements another potential applicant may have. They will then decide whether or not to make an order allowing a person to receive a share (or a higher share) of the deceased person’s estate as part of the contentious probate claim.
GA’s experienced and specialist contentious probate solicitors have years of experience in dealing with inheritance claims and can often secure quick and fair settlements through negotiation and mediation, avoiding costly and lengthy court proceedings.
GA Solicitors prides itself on its high levels of service and the ability to meet the needs of its clients. The firm is ranked in Chambers UK, Chambers High Net Worth and The Legal 500 so you can be assured you are in safe hands.
In contentious probate there are strict time limits in place, so call the team today for a no-obligation discussion on 01752 203500.
Alternatively, email enquiries@GAsolicitors.com or fill in our contact form to see how we can help.
