Unfortunately, in some cases people who are grieving the loss of a loved one may also have to experience the added stress of a dispute over their inheritance. You may feel that a will does not fairly provide for you, or that an executor has not acted correctly.
It is possible to contest a will in some circumstances, particularly if you feel that the executors have not executed the will correctly, or if you believe that the testator did not have the capacity to express their wishes at the time when the will was written. You may also wish to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you believe that the testator did not provide for you properly. Taking these kind of cases to court can be a lengthy process, with most cases taking between 12-18 months to resolve. Additionally, there are certain time restraints in place, and if you wish to appeal under the 1975 Act, claims must be made within six months of the issue of the Grant of Probate.
Furthermore, you may be unhappy with the actions taken by the executors of a will, as a result of suspected negligence or fraud, or obstructive behaviour. In these cases, there are a number of different options which can be explored, depending on the specific reason why you are unhappy with the executor’s behaviour.
It is highly recommended that you seek legal advice in any matters involving inheritance disputes, and our dispute team will be able to provide guidance.