Knowing Your Rights and Legal Options Concerning Inheritance Disputes

Inheritance disputes can be a source of significant stress and emotional strain, especially when experiencing grief. Unfortunately, it is not uncommon for there to be disputes in families regarding wills, how property is to be shared and the division of other assets. Understanding your rights and legal options concerning these disputes is crucial for navigating this complex area of law. This article will explore the common issues and outline the legal solutions available.

Common Problems in Inheritance Disputes

Validity of the Will

One of the most common issues in inheritance disputes is the validity of the Will. Questions may come up about whether the deceased was of sound mind when the Will was made, whether there was undue influence, or if the Will was properly executed and witnessed. A Will must be in writing, signed by the testator (the person making the Will), and witnessed by two individuals who are not beneficiaries. If any of these conditions are not met, the Will can be challenged.

Disputes Among Beneficiaries

Even when a Will is valid, disputes may arise among beneficiaries over the interpretation of the Will or the distribution of assets. This is especially common when the Will is vague in some areas, or when there are multiple interpretations of the testator’s intentions. For example, a beneficiary may feel that they have been unfairly left out or not given their fair share.

Claims Against the Estate

Another common issue is when individuals who are not mentioned in the Will believe they are entitled to a share of the estate. This often involves dependents, such as children or a spouse, who may claim that they were not adequately provided for under the Will. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can make a claim against the estate if they feel that they have not been reasonably provided for.

Consequences of Dying Intestate

Dying without a Will, or intestate, often leads to complications in the distribution of an estate. When someone dies intestate, their estate is distributed according to the rules of intestacy. These rules set out a strict order of who is entitled to inherit, starting with the spouse or civil partner, followed by children, and then other relatives such as parents or siblings. If no eligible relatives are found, the estate passes to the Crown.

The intestacy rules can result in outcomes that the deceased may not have intended. For example, unmarried partners have no automatic right to inherit, which can leave them in a difficult financial situation. Similarly, stepchildren are not considered under the intestacy rules unless they were legally adopted.

Legal Options and Solutions

Challenging the Validity of a Will

If you believe a Will is invalid, you can challenge it in court. Grounds for challenging a Will include lack of testamentary capacity, undue influence, or improper execution. If the court finds the Will invalid, the estate will be distributed according to the most recent valid Will, or if none exists, the rules of intestacy.

Mediation and Negotiation

In many cases, disputes can be resolved without going to court through mediation or negotiation. This allows the parties involved to come to an agreement that reflects the deceased’s intentions while avoiding the costs and time associated with litigation.

Making a Claim Under the Inheritance Act

If you have been left out of a Will or believe you have not been adequately provided for, you may be able to make a claim under the Inheritance Act. This claim must be made within six months of the grant of probate, and the court will consider factors such as your financial needs, the size of the estate, and the obligations the deceased had towards you.

Seeking Legal Advice

Inheritance law is complex, and disputes can be emotionally charged. Seeking legal advice from a solicitor who specialises in inheritance disputes is, therefore, crucial. They can help you to understand your rights, assess the strength of your case, and guide you through the legal process. Early legal advice can also help prevent disputes from escalating and increase the likelihood of a fair resolution.

If you feel that you have been deprived of your entitlement or have been treated unfairly, we may be able to help you. In a situation where the deceased has not left a will (died intestate) then there may be complex issues that arise, about which we can also offer advice. Please don't hesitate to reach out to our team for expert guidance and support by calling RDC Solicitors today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.