FAQ's for Inheritance Disputes
The executor doesn’t keep in touch with me. What can I do?
The executor should update beneficiaries regularly with the progress of the administration of the estate. If they fail or refuse to do so without good reason then you may ultimately be able to get the Court to order them to produce information and accounts and even to remove them from their position.
Do all disputes have to involve going to Court?
Not at all. In fact steps should always be taken to avoid this. It is possible, with everyone’s co-operation, to work through disputes using mediation. If successful this can save a great deal of stress, time and legal costs.
I think the Will may have been forged. What can I do?
You need to act quickly and with the help of your Solicitor make all necessary enquiries. If your evidence shows that the Will may have been forged you may need to seek urgent assistance from the court.
There is something ‘funny’ about the way the Will was done. Can you help?
You may not have received the legacy you had been made to believe would be yours and have looked at the Will but it doesn’t look quite ‘right’. This may be due to a mistake by the Will draftsman; the testator suffering from blindness or deafness or being illiterate. Or the signature(s) on the Will arouses suspicion. If so the Will could be challenged, our team can discuss this with you.
Can I stop someone else from obtaining a Grant?
If you have grounds to prevent someone’s estate from being dealt with by a particular person under a Will or intestacy then we can advise you on steps that can be taken to prevent them from taking out a grant.
Can an adult child bring an ‘Inheritance Act’ claim?
There is nothing that says only children under 18 can bring such a claim against their parent’s estate; adults can too, if they have the right reasons to do so. We can help you by telling you if you have a good reason to bring a claim.
I was left out of a Will, can I challenge it?
Yes, if you fit into the necessary categories of claimants. Further, if you feel that the Will is invalid in some way then you may dispute it. Speak to our team who can discuss your options with you.
Can I dispute a Will?
The short answer is ‘yes’, provided that you have grounds to do so. Cohen Cramer can review your situation and give you an initial indication of whether or not you may have a case.
What is an ‘Inheritance Act’ Claim?
If you feel that you should have received something from an estate when someone has died or that you should have received more than was given to you, you may have a claim against that estate for ‘reasonable financial provision’. The law stipulates who can make a claim and there are strict time limits for doing so. Cohen Cramer have acted in many such claims. For more information visit our website.
I was promised something by someone but when they died I didn’t get it. Can I claim?
Yes provided that you meet certain criteria. Our website contains more information relating to this.
The Will was drafted badly and I’ve lost out. Do I have any redress?
The broad answer to this is “yes” but subject to certain criteria. A solicitor drafting a Will on behalf of the testator has a duty to the beneficiaries even though they are not his client. A claim against the solicitor drafting the Will can be brought provided it can be shown that the solicitor was negligent and that the beneficiary has suffered loss.
What is meant by “want of due execution”?
A Will can be declared invalid in the event that it lacks compliance with strict criteria laid down by the law with regard to the way in which it should be completed at the time. Visit our website for more information relating to this.
Can an executor or a trustee be removed from “office”?
The law provides for the removal or substitution of executors, personal representatives and trustees even where specifically appointed by the deceased under a Will. Particular conditions have to be met before the Court will make such an order.
Can I overturn a grant already made to someone else?
If that person was not entitled to the grant then the short answer is yes. An application would have to be made to the Court for the appropriate order revoking the grant and for some alternative procedure to be put in place for dealing with the estate.
What is a Warning to Caveator?
If you have been stopped from taking out a grant by way of a caveat, you may challenge it by issuing a “warning”. This involves a legal process under which the person behind the caveat must show that satisfactory grounds exist for the Caveat to continue.
Can I stop someone from obtaining a grant of probate or administration?
If you have legal grounds to do so, a caveat can first be entered at the Probate Registry. This prevents a grant being made but potentially triggers a legal process. Advice should be obtained urgently if you think you may have grounds. Where a grant of representation has been made the position is somewhat different.
Can I stop someone from dealing with or disposing of the deceased’s assets?
If they have no legal authority to do so then a Court may make an order preventing such disposal.
What is meant by “undue influence”?
Where it can be shown that the person making a Will did so only as a result of improper influence usually from someone who benefits under the Will, then such Will may be invalid.
What is “Testamentary capacity”?
Generally no one under the age of 18 has the capacity to make a Will. If over the age of 18 the person making the Will must understand what they are doing by making a Will and must understand what is set out in the Will; they must understand the extent of their estate and they must be aware of those who might be expected to receive something from the estate. If these conditions are met, then the person making the Will can be said to have ‘testamentary capacity’. Without them the Will may be invalid.
Can a child bring a claim?
Yes. Provided that there are grounds for the claim in the first place children are permitted to bring claims, for example against an estate. Usually this is where the child has not been provided for properly. Cohen Cramer act in many cases involving child claimants.
Disclaimer
The answers to these questions contained in this FAQ document are very general in nature and should not be relied upon in relation to any specific set of circumstances. Specific advice should be sought from Cohen Cramer in relation to your specific circumstances.
They were very good, and handled everything promptly and effectively. I was kept updated every step of the way
