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Inheritance Dispute Legal Expertise

Inheritance Dispute Lawyers

The inheritance (provision for family and dependants) act 1975 enables qualifying claimants to pursue a financial claim against an estate of a deceased where inadequate or no provision has been made for that claimant in a will.

Time Limit

There are strict time limits for a claimant to pursue a claim to challenge or vary a will.

A claim has to be issued at court within six months of the grant of probate being granted. In exceptional circumstances, a court might consider a claim issued after six  months but seek specialist advice as early as possible.

The McAlister Family Law team has the years of experience needed to help lead you into positive times.

The Court’s Powers and Type of Claims

If a claimant meets the criteria as a qualifying person to contest a will then the court has wide-ranging powers to make reasonable financial provisions and in the main will consider the following:

  1. The total size of the estate and how it is structured
  2. The nature and the longevity of the relationship between the claimant and the deceased
  3. The present and likely future financial resources of the claimant presenting the claim
  4. The present and likely future financial resources of the beneficiaries named in the will
  5. The present and likely future financial needs (daily living expenses or capital needs such as education or housing) of both the claimant and the beneficiaries in the will
  6. Consideration may be given to any other claimant asserting a claim
  7. The court has discretion to have regard to special circumstances. For instance, the mental or physical disabilities or challenges of either the claimant or beneficiary might be considered very relevant to a court
  8. Any other relevant circumstance

Who Could Potentially Claim?

A qualifying claimant could be any of the following individuals:

  1. Current spouse of the deceased whether they are separated or not
  2. Civil partner of the deceased whether they are separated or not
  3. Former spouse of the deceased if financial matters have been unresolved and that they have not remarried
  4. A biological child (both minors and adults) of the deceased
  5. A child (both minors or adults) who was treated by the deceased as a child of the family such as a step-child could be eligible
  6. Unmarried partner or an engaged partner provided that there was continual cohabitation of at least two years before death
  7. An individual who was financially dependent or was maintained by the deceased

Reach out to Our Expert Inheritance Dispute Team

If you need help with your unmarried dispute, you’ve come to the right place. Our team of family lawyers has years of experience in inheritance disputes so you can trust you’re in the best hands. 

To chat with our team, phone us on 0333 202 6433 or send us an email at hello@mcalisterfamilylaw.co.uk.

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