Have you been disinherited or cut out of a will ? if so we can help, so how do you deal with being disinherited by your parents ?
Discovering you have been left out of a persons will is never easy, however the key questions that you need to consider are :-
- Can I contest the will ?
- I’m I in time to contest a will ?
- Do I have Grounds to Contest a Will ?
Can I contest a Will ?
Typically, the main people who contest wills are either:-
- a blood relative
- beneficiary under a will or earlier will
- someone who was promised something by the deceased
- someone financially reliant upon the deceased
- a person owed money by the deceased
This article explains in more detail the persons who can contest a will.
Time Limits on Contesting A Will
If you are unhappy you must act quickly as in certain cases there are very strict time limits, for example to contest a will under the Inheritance Act the time limit is just 6 months. When we receive a call for help, the first step is to obtain a copy of the will, if for whatever reason the executors refuse, the threat of placing a caveat on the estate is often sufficient to obtain a copy of the will. But above all else seek help quickly – estate assets can easily be spent by unscrupulous beneficiary.
Grounds to Challenge a will
Once we have the will, we will make enquiries as to how the will was actually made, in other words was the will currently executed eg. signed, dated and witnessed correctly. Thereafter we will obtain a detailed statement explaining what basis you may have for contesting a will. Typically, the most common grounds relate to the how the will was made, undue influence, fraud, failure to make provision for someone who was financially dependant upon the deceased or did the deceased fail to honour a promise in a will ?
Whatever your concerns we can help, contact Tim Murden on 01482 429985 or e-mail at tim.murden@tmsolicitors.co.uk
