The death of a person may give rise to many possible claims. With the huge increase in personal wealth throughout the South East in recent years, the potential to lose considerable amounts in financial terms, where one suspects a loved one has made a will under pressure from someone for example or has been suffering from a mental disorder affecting their capacity to make a valid will, is very real. Challenges to wills and claims for reasonable financial provision following the death of a testator are, therefore, increasingly common.

Adams & Remers have a strong Trusts and Probate team which is supported by specialist expertise within our Dispute Resolution Department in dealing with contentious matters such as:

• challenging the validity of wills (or particular gifts under a will)
• revoking grants of probate; and
• bringing claims for reasonable financial provision under the Inheritance Provision for Family and Dependants Act 1975 in circumstances where the deceased (either deliberately or by intestacy) have not provided for family and/or dependants as might has been expected/needed, or as might be reasonable in the circumstances of a particular case.

The key to resolving probate and Inheritance Act disputes successfully and cost effectively is taking early action and identifying and formulating a claim in the strongest terms. There are many legal grounds on which a will may be challenged. We will carry out a legal analysis of the facts from the outset and focus the claim in the most appropriate direction. There are pitfalls that we can advise you about- for example, there is a time limit of 6 months from the date of grant in which a potential claimant should bring a claim under the Inheritance Act. The need for swift action is therefore paramount.

For further information contact our team or your usual contact in the firm.