Understanding the Different Types of Inheritance Disputes
Inheritance disputes can be complex and emotionally charged, often involving intricate legal issues and deep-seated family tensions. We understand the delicate nature of these disputes and are committed to providing expert legal guidance to help you navigate them effectively. This article explores the various types of inheritance disputes, including contested wills, estoppel claims, and claims under the Inheritance (Provision for Family and Dependants) Act 1975, among others.
Contested Wills
One of the most common types of inheritance disputes involves contesting the validity of a will. Grounds for contesting a will can include:
· Lack of Testamentary Capacity: This occurs when it is believed that the testator (the person who made the will) did not have the mental capacity to understand the implications of their will at the time it was made.
· Undue Influence: If a person believes that the testator was coerced or manipulated into making or changing their will. They may contest it on these grounds.
· Improper Execution: A will must be signed and witnessed correctly according to legal requirements. Failure to adhere to these requirements can render a will invalid.
· Fraud or Forgery: Allegations that a will is fraudulent or has been forged can lead to a contestation.
Our solicitors are experienced in handling contested wills and can provide the legal support needed to navigate these challenging cases.
Estoppel Claims: Promissory and Proprietary
Estoppel claims, including promissory and proprietary estoppel, can play a significant role in inheritance disputes. These doctrines can be invoked when someone has relied on a promise or assurance made by the deceased and suffered a detriment as a result.
· Promissory Estoppel: This occurs when a person was promised something, such as a share of the estate, and acted on that promise to their detriment. For example, if someone was promised a property and they invested in its maintenance, they might have a claim if the promise is not honoured in the will.
· Proprietary Estoppel: This involves a person who has been led to believe they will inherit property and has acted to their detriment based on that belief. This can include substantial investment in the property or making significant life decisions based on the expectation of inheritance.
Both types of estoppel claims require a detailed understanding of equity law and the ability to prove that a promise or assurance was made and relied upon. Our team at Garner & Hancock can help you gather the necessary evidence and present a strong case.
Inheritance (Provision for Family and Dependants) Act 1975
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a claim against an estate if they believe they have not been adequately provided for in the will. Eligible claimants include spouses, former spouses, children, and any other person who was financially maintained by the deceased.
Factors considered in these cases include the financial needs and resources of the claimant. Meaning, the size of the estate, and the obligations and responsibilities of the deceased towards the claimant. Our solicitors are adept at handling 1975 Act claims, ensuring that you receive the provision you are entitled to.
Executor and Trustee Disputes
Disputes can also arise regarding the actions of executors or trustees. These can include allegations of mismanagement of the estate. Failure to distribute assets in a timely manner, or conflicts of interest. Such disputes require a thorough understanding of trust law and the fiduciary duties of executors and trustees.
If you are involved in an inheritance dispute or need advice on your legal options, contact our Solicitors today . Our knowledgeable team is here to guide you through every step of the process. We will ensure your rights and interests are protected.
Let Garner & Hancock Solicitors help you navigate the complexities of inheritance disputes with confidence and care.