If you have been left out of a will or cut out of a will, what do you do and who can provide you with help ?
The short answer is that you immediately need to seek expert legal advice from a lawyer experienced in contesting wills.
Knowing where to start is often difficult however there are three key areas to consider :-
- Do I fall within the category of persons able to claim ?
- Do I have a potential claim ?
- Is there are a time limit to me making a claim ?
In answering the above questions, the following factors are important :
Can I claim ?
There are a number of different persons able to make a claim against an estate. Typically, the most common, are family members, beneficiaries, or someone whom the deceased has provided financial support for. You can read more about the types of claimant by clicking here
Do I have a potential Claim ?
Knowing whether you have a claim or not is something which expert guidance must always be sought. For example, there are lots of ways to contest a will, lack of capacity, fraud, undue influence or claims under the inheritance act ( for financial support ) however the law that sits behind these areas is complex as are the rules and procedures that govern these types of claims.
Time Limits to making a claim
There are very strict time limits to making claims eg. just 6 months from the date of when probate is issued under the Inheritance Act. However differing time limits exist for different types of claims and therefore it is always dangerous to generalise. Getting help early is critical as very often assets need preserving along with evidence.
We have a team that specialise in contesting wills – you can read more about some of the cases we have been involved in by clicking here. If you need help in contesting a will, Call Tim Murden on 0845 568 400 or e-mail tim.murden@tmsolicitors.co.uk
