The death of a loved one is hard for anyone, and this can be made all the more so if there is a family dispute over the distribution of the estate of the person who has died.

The starting point is whether the person who died left a Will. If they left a Will then their estate will have to be distributed in accordance with it. The Will should have been provided for executors and they will be tasked with this.

If the deceased did not have a Will then the rules of intestacy will apply. This means the estate will have to be distributed with the rules of intestacy. In such circumstances, the estate may have to distribute classes of beneficiaries whom the deceased may not have intended to benefit from the estate and leave beneficiaries out who the deceased may have intended to benefit.  Find out more from Thomas Tilbrook, Head of our Civil Litigation Department

Examples of a Potential Inheritance Dispute

Common examples of inheritance disputes:

• The Deceased did not have capacity at the time the Will was executed – The Deceased may have left a Will but when they signed they did not have the capacity to sign the Will, in such circumstances the Will may not be valid.
• A person who the deceased cared for was left out of a Will – the Deceased could have been a primary carer for a beneficiary who was not included in the Will, this could lead to a claim under the Inheritance (Provision for Family and Dependents) Act 1975.
• The Deceased died without including a beneficiary in a Will who they promised they would receive a benefit.
• The Will was not correctly executed – for example, the Will was not witnessed.
• The Deceased did not provide for a cohabiting partner or child – the child or partner could present a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

What Happens if Someone Dies Without a Will?

If a Deceased dies without leaving a Will, they have died intestate (to use legal jargon). This means the Deceased has not given any direction for how their estate should be distributed. In such circumstances, s46 Administration of Estate Act 1925 sets out the order of entitlement. It should be noted that a civil partnership has the same rights as that of a married relationship.

As of 1 October 2014, there is a statutory legacy to the deceased’s surviving spouse or civil partner where the deceased is also survived by children or remoter issues. From 6 February 2020, the fixed net sum is £270,000.

Can I Contest a Will?

There are very limited circumstances where you can contest a Will and these are generally under 3 headings;

• Inheritance (Provision for Family and Dependant) Act 1974 – if you qualify under this act you can present a claim against the Deceased’s estate. If you make such a claim the court can vary the distribution of the estate.
• The Will was not executed correctly – this is where there is a defect in the Will itself. If the Will is defective, for whatever reason. In such circumstances the rules the Will be determined to be invalid then a previous Will or the rules of intestacy will apply
• The Deceased did not have the capacity – the Deceased when they made the Will, may not have had the capacity to sign the Will. This is where the deceased may have suffered from an illness that prevented them from understanding the effects of signing the Will as they did not have the capacity. In such circumstances, the Will would be void and a previous Will or rules of intestacy will apply.

How to Resolve an Inheritance Dispute

You would first obtain clear advice on whether you have a potential claim. If you do then you would send a letter to the estate setting out the basis of your claim. In many circumstances, the most successful to resolve any dispute is through discussion and mediation as often inheritance matters involve close family ties, and the breakdown of that family relationship can be very stressful.

If mediation was not successful, then your only option would be to commence legal proceedings. This would need to be done quickly, as the limitation period for inheritance disputes is 6 months.

Civil Law Solicitors in Sheffield and Barnsley

Here at Best Solicitors, we have years of experience in resolving complex inheritance disputes, if you wish to raise a claim against the estate of the deceased then please contact our team on 0114 358 3134 or send us an enquiry via our contact page.