Inheritance disputes can be emotionally taxing, legally complex and often extremely expensive in terms of legal costs. When someone close to us passes away, the question of inheritance entitlement often arises, stirring up sensitive issues about the deceased’s intentions and the legal rights of those left behind. At Slater Heelis, we often assist clients who find themselves grappling with these questions, providing both legal support and empathetic understanding.
Understanding Testamentary Freedom and Its Implications
A basic principle of the legal system in England & Wales is that individuals are entitled to leave their property on death entirely as they see fit. This principle of testamentary freedom is dissimilar to that in many other countries.
It means no one has an automatic entitlement to anything from your Estate, which can be left to anyone or, for example, entirely to charity.
However, while testamentary freedom offers individuals the autonomy to decide the destination of their assets, it is not without its limits.
Rights and Claims under the Inheritance Act
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim against an estate if they believe they have not been adequately provided for, whether a will exists or not.
This includes spouses, children, and any dependant who was financially supported by the deceased prior to their death. Each claim is assessed on its own merits, taking into account the claimant’s current and future needs, as well as the existing terms of the will or the rules of intestacy.
For example, if the claimant is the spouse of the deceased, the courts will consider the length of the marriage and what the spouse could’ve reasonably expected to receive if the marriage had ended in divorce. This means the amount needed to account for “reasonable provisions” will scale to the overall size of the estate.
If someone can show that reasonable financial provision wasn’t made for them, or they were financially dependent on the deceased, they can make a claim against the Estate, and if necessary through the courts.
The Legal Framework: Wills and Intestacy
When a valid will is present, the assets of the deceased are distributed according to the wishes laid out in that will.
This seems straightforward but issues can arise when the contents of a will are unexpected or when significant parties are omitted or, as is surprisingly common, when there is uncertainty as to exactly how the will should be interpreted.
On the other hand, if someone dies without a will (intestate), the Administration of Estates Act 1925 comes into play, detailing a specific hierarchy of beneficiaries and the order and shares in which they are entitled to the estate.
These rules ensure that the estate is distributed in a predefined manner, which considers spouses, children, and other close relatives, but may not always reflect the deceased’s personal relationships or more nuanced wishes.
Scenarios Where Contesting a Will is Possible
Contesting a will is a serious matter and should be approached with professional advice and careful consideration. Grounds for such a contest might include:
- Lack of Capacity: Questioning whether the deceased had the mental capacity to understand the will they were making.
- Undue Influence: Claims that the deceased was coerced into drafting the will in a particular way.
- Lack of Formal Requirements: The will may be contested if it fails to meet legal standards, such as being properly witnessed.
Advice for Those Considering a Contest
If you find yourself considering the need to contest a will or make a claim, it’s crucial to seek legal advice early. At our firm, our contentious probate team understands the delicate balance required in these situations.
We work collaboratively to ensure that our clients’ voices are heard, and their rights are protected, all while handling each case with the sensitivity it deserves.
Taking the Next Steps
Contesting a will or making a claim on an estate is a decision that requires careful consideration and expert guidance. At Slater Heelis, we have a team dedicated to helping individuals navigate these difficult waters.
If you believe you have not been adequately provided for in a will, or if there are concerns about the validity of the will itself, do not hesitate to contact us. Our team is here to provide the support and advice you need to ensure that your, and your loved ones, wishes are respected and upheld.
Understanding your rights in matters of inheritance can be daunting. Our legal experts are committed to providing advice that is not only professional and credible but also empathetic and tailored to your unique circumstances. Whether you are dealing with a will or the rules of intestacy, we are here to help you navigate through your legal journey with confidence and assurance.
Inheritance matters can be complex, but you do not have to face them alone. Reach out to us today to discuss how we can support you through your inheritance queries and beyond.
To get in touch, simply fill out our online contact form, or give us a call on 0330 111 3131.