The death of a loved one is always going to be hard. It's unfortunate, but if there are any disputes regarding the Will or estate administration, they tend to happen at this emotionally charged and difficult time. Inheritance disputes solicitors have a solid grounding in this particular area of law and will be able to bring their skills to your problem.
The administration of an estate is usually carried out by an executor or executors and, sadly, this can occasionally cause problems. If you suspect that your deceased relative's estate is not being handled correctly, it's imperative to seek swift advice to prevent the matter escalating. Oratto has a number of member solicitors who are highly trained in this specialised area and can provide immediate advice and support.
What grounds are there for inheritance disputes?
A lot. There are many things which can spark a dispute over a Will. The intensely personal and familial nature of the document means that tensions can run high. And without the one person who could sort it out being there, it is sometimes difficult to find a way forward. This is where having an Oratto member lawyer on your side can help to ease the pressure. Our member solicitors have years of experience and are practised in assessing the situation quickly and assertively.
When can I bring an action through my inheritance dispute solicitor?
There are a few common grounds which are frequently cited in disputes. These include:
- Diminished mental capacity. If you suspect that the deceased made decisions whilst they were not of sound mind, then you may have a case to open a dispute. All decisions and amendments must be made while mental capacity is intact.
- If you suspect coercion. Unpleasant though the concept is, it does happen. If you think that the deceased has been forced or pressured into making major adjustments to their Will, then it's important that you engage a solicitor experienced in inheritance disputes quickly. Oratto can put you in touch immediately with a lawyer who can help you.
- The same applies for fraud. If it looks like the Will has been the target of fraudulent behaviour then you will able to dispute it.
- When the Will has been lost, damaged or destroyed and the terms are unclear.
- If you want to bring a claim under the Inheritance Act 1975.
- Negligent or bad drafting of a Will can also present a problem, or if you suspect estate maladministration. If this is the case then the Will may not be valid and you will need to take legal advice.
In addition to the above, there may be grounds for an inheritance dispute if there are concerns over the behaviour of executors or trustees.
Can I challenge a Will after probate has been granted?
It is possible to challenge or contest a will after Probate is granted. It is better to challenge a will before probate to prevent a dishonest executor from disposing of the estate assets once they become aware of a challenge.
How inheritance dispute lawyers can help
Whether you are planning to bring an action or it is being brought against you, there is a great deal of potential for angst and upset. Having an Oratto member solicitor to negotiate with other parties for you can bring welcome relief. Having solid legal advice from the start will put you in as strong a position as possible and help to secure the outcome that you want.
If an inheritance dispute does arise, it's important to seek advice early on. This will help to avoid costly delays and prolonged litigation. In general it's best to try mediation and informal meetings as a method of resolving the issue, but we appreciate that sometimes this isn't possible.
If your case does require litigation, then Oratto member inheritance disputes solicitors will handle it sensitively, pragmatically and with an eye to keeping the costs down as much as possible.
Contact Oratto today - our member solicitors can offer swift, experienced advice on your inheritance disputes.