Inheritance Disputes – Understanding Your Rights

With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member. These disputes arise during an already difficult time, with emotions running high as families grieve whilst dealing with situations they feel are unfair.

If you have not received the inheritance you expected, help is available.

Common Grounds to Contest a Will

There are several legal grounds on which a Will can be challenged:

Lack of Capacity

If the person who made the Will (the Testator) lacked the mental capacity to understand the nature and effect of their actions when creating the Will, it may be invalid. This lack of capacity could be due to factors such as mental illness, dementia, or the effects of medication.

Undue Influence

If the Testator was under pressure or coerced to create or change the Will, this constitutes undue influence. This often involves situations where a caregiver, family member, or close associate manipulates the Testator into making decisions that weren’t truly their own wishes.

Incorrect Execution

For a Will to remain valid, it must be prepared and signed according to the rules within Section 9 of the Wills Act 1837. For example, the Testator must sign in the presence of two independent witnesses, who also sign. If these legal formalities have not been followed correctly, the Will may be invalid.

Fraud or Forgery

If there’s evidence that the Will was forged or created under fraudulent circumstances, it can be contested. This includes situations where someone signs the Testator’s name without authorisation or where the document has been altered after signing.

The Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 is legislation that allows certain individuals to make a claim against an estate if they believe that reasonable financial provision has not been made for them in the deceased’s Will or under the Rules of Intestacy (when someone dies without leaving a valid Will).

The following individuals may be eligible to make a claim:

• Spouse or Civil Partner: A surviving spouse or civil partner of the deceased may make a claim, regardless of whether they were named in the Will or not.
• Former Spouse or Civil Partner: A former spouse or civil partner may also make a claim if they were financially dependent on the deceased at the time of their death.
• Children: Biological and adopted children of the deceased may make a claim if they were not provided for or adequately provided for in the Will.
• Cohabiting Partner: A person who was living with the deceased as if they were married or in a civil partnership for at least two years prior to the death may make a claim if they were financially dependent on the deceased.
• Other Dependants: Individuals who were being maintained, either wholly or partly, by the deceased before their death may also be eligible to make a claim.

Get Instant Guidance on Your Situation

Swansea Legal Solutions has teamed up with inheritance dispute specialists IDR Law who have created an online tool that can help you understand the legal issues around these types of disputes, and give you an instant answer to whether anything can be done to resolve your situation.

The IDR Claim Checker takes just minutes to complete. Simply answer the questions on the form as best you can using the information you have about your inheritance situation. The guidance provided will help you understand the common issues people face during inheritance disputes.

On completion, you can download a tailored report with detailed advice on specific issues around your situation, including a breakdown of how they will affect any challenge to your inheritance arrangements.

FAQ’s