Establishing the Type of Dispute: What Kind of Inheritance Claim Do You Have?
- Maplebrook Services
- 2 days ago
- 2 min read
Inheritance disputes can vary greatly. Understanding the specific type of dispute you are facing is crucial before taking any action, as it influences everything from applicable time limits to the necessary evidence and the chances of success.
Inheritance disputes typically fall into four main categories. Identifying which category (or combination of categories) pertains to your case is often the initial step in determining your position.
Disputing the validity of a will
If you believe a will is incorrect or invalid, it can be contested legally. Typical reasons include:
Capacity – if the person did not have the necessary testamentary capacity to execute a will
Undue influence – if the person was induced to execute their will by undue influence or coercion
Lack of knowledge and approval – if the person did not understand or approve the contents of the will
Professional negligence – if the will was written incorrectly by the will writer
Financial provision
Certain individuals can file a claim against an estate for reasonable financial provision if the will (or intestacy) does not adequately provide for them.
This encompasses anyone who was financially dependent on the deceased at the time of their death.
Promises not kept
If the inheritance arrangements do not align with promises made by someone before their passing, it might be feasible to contest the situation on these grounds.
Disputes about estate administration
Inheritance arrangements may be disputed when executors or beneficiaries disagree over the management of an estate, including issues such as valuations, delays or the handling of assets.
Why does it matter which category applies?
Inheritance disputes may involve any combination of these four categories. The type of dispute that pertains to you depends on various factors, including your relationship with the deceased, whether you are mentioned in a will or your financial situation.
The success of a challenge relies on various factors that require thorough evaluation by seasoned legal experts. However, knowing which category you belong to provides a truly valuable starting point.
Getting an initial understanding of your position
The Claim Checker tool is designed to assess whether your particular situation falls into any of these categories. Although it is not a replacement for legal advice, it offers a preliminary understanding of your legal position and the likelihood of a successful challenge before moving forward.
If you have any questions about the issues raised in this article, or anything related to wills and estate planning, please do not hesitate to contact our friendly team:
Call us: 26 600780
Email: info@maplebrookservices.com
