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Disputing a Will and Claims Against Estates in Brighton, East Sussex

Many more Wills are being disputed and there are many more claims being made for financial provision out of the estates of deceased persons regardless of whether or not they had made a Will.

Normally, claimants tend to be blood relatives but now that many more people live together lawyers are finding that there is increasing number of non-blood relatives bringing claims.

The Inheritance (Provision for Family and Dependents) Act 1975 provides that spouses, former spouses and children can claim.

Also individuals who are treated as a child of the deceased and persons who were being maintained by the deceased, wholly or in part, immediately before the date of his or her death e.g. someone living with the deceased, can also bring a claim.

Those claims are for greater financial provision to be paid out of the estate to the claimant. The law applies whether or not the deceased made a Will.

Will Disputes

In cases when individuals choose to dispute a Will this is usually because of one or more of the following:

• the deceased did not have sufficient mental capacity at the time of making the Will
• the Will was made under duress or pressure from someone
• the terms of the Will do not match the wishes of the deceased

Home made Wills are a common cause of cliams and litigation

At Burt Brill & Cardens we have considerable experience in dealing with all will and Estate claims. In many instances we have been able to help clients reach a resolution of them through using mediation rather than having to prosecute or defend claims through to trial, saving expensive court trial fees.

For more information and an initial evauation of your case please contact Kevin Smyth