Disputes Over Estates and Wills
After a loved one has passed away the question of who is allowed to deal in the estate depends on whether or not there is a will. If there is a will then the persons nominated as Executors will deal with the estate. If there is no will then the administrators will be appointed and they will deal with the estate.
If you are a beneficiary then you should be asking the executor as to your entitlement. If you believe that you should be entitled then a caveat can be lodged with the Court to prevent the estate being dealt with until you are assured of your entitlement. A caveat needs to be lodged quickly. It will have no effect if the estate already has a grant.
The Inheritance (Provision for Family and Dependants) Act 1975 allows persons omitted from the estate to apply for an award from the estate. The application needs to be made to the Court and the Court will decide as to who is to receive what from the estate. The persons entitled to apply are set out in Section 1(1) of the 1975 Act and are:
- A spouse or civil partner of the deceased.
- A former spouse or civil partner.
- Any person living with the deceased as husband wife or civil partner for two years immediately before the death.
- A Child of the deceased.
- A person is treated as a child of the deceased.
- Any person at the time of the deceased was being maintained either wholly or partly by the deceased.
If you believe that you have an interest in an estate or have a question about estates don’t delay.
“St Helens Law does not accept service by electronic means.”
“We endeavor to finalise the administration of an Estate within 6-12 months if there are no complexities or unforeseen circumstances.’’
To contact our Wills & Probate team, please call 01744 742360, or click here to email probate@sthelenslaw.co.uk >