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Contesting a Will

During the last three years Kelsall & Company has expanded into Contested Probate Cases, primarily under the Inheritance (Provision for Family and Dependants) Act 1975.

What is an Inheritance Act Claim?

The object of an Inheritance Act Claim is to redistribute the deceased's estate to make reasonable financial provision for the deceased dependants & relatives. A claim must be instigated by a person associated with the deceased, to become a beneficiary, or a greater beneficiary, of the deceased's estate.

Am I eligible to make an Inheritance Claim (Contest a Will)?

To be eligible to make an Inheritance Act Claim (Contest a Will), you need to have been related to the deceased in one of the following ways:

  1. A husband, wife, civil partner or co-habitee of the deceased (Min 2 years).
  2. A former husband, wife or civil partner of the deceased who was receiving maintenance and has not remarried/entered into a new civil partnership
  3. A child of the deceased
  4. Any person who was treated as a 'child of the family' of the deceased
  5. Any person who was partly or wholly maintained by the deceased immediately before the death
  6. In order to proceed with an Inheritance Act Claim, you first need to be able to answer 'yes' to the following three questions:
    1. Did the deceased live in England or Wales?
    2. Is it within 6 months of the date of grant of representation*?
    3. Does the estate have a value of more than £100,000?
*The grant of representation is a document issued by the Court which gives permission to those named to distribute the deceased's estate.  It is commonly called a Grant of Probate or a Grant of Letters of Administration.
Kelsall & Company are experienced in making inheritance act claims and will always strive to get you the maximum compensation that you are entitled to.  To find out how we can represent you contact us for a FREE consultation on 01244 320610. 
We practice throughout England and Wales and work for you.

 

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