Many people believe that you cannot dispute the division of an estate, irrespective of whether there is a Will or not. Many also believe that once a Will is written, that’s it and nothing can be done to call it into question at a later date. These are common misconceptions.
There are a variety of ways that you can dispute the intended distribution of an estate, regardless of whether there is a Will or not.
Broadly speaking the type of claim you can forward against an estate falls into one of two categories:
- Will validity claims: claims against the validity of the Will itself; and
- Other claims: there are other claims which can be made irrespective of whether there is a Will or not.
There are five grounds on which the validity of a Will can be challenged. To find out what these grounds are and when they arise please see our article about challenging the validity of a Will here.
There are three main claims which fall under the ‘other claims’ category. To find out what these are please see our article entitled ‘claims that can be made even if a Will is valid’ here.
It is always important for an individual to seek specialist legal advice as soon as they become aware that the division of an estate may not be distributed as they thought.
At Stephens Scown we have a team of highly specialised legal advisers in the Inheritance & Trust Disputes team who are able to advise on these difficult and complex issues. The team is ranked in Chambers and Partners and has had national press coverage for two high profile cases within the last 12 months (Habberfield and Challen).
If you would like to discuss an estate or Will dispute, please get in touch with our team who will be happy to help.