When somebody dies, the parties who inherit the deceased’s assets will normally be determined by either what their will says (if they have made a valid will), or by a set of provisions called “the intestacy rules” (if they die without a valid will).
But things are not always so simple, unfortunately. Depending on the circumstances of each individual case, legal arguments can sometimes be raised to challenge the provisions of a will, and the operation of the intestacy rules.
Our experts in contentious probate can advise “from both sides of the fence”, having expertise in acting both for clients who are seeking to contest a will/intestacy, and also for clients whose interests are to uphold the provisions of the deceased’s will/the operation of the intestacy rules, in circumstances where the latter are being challenged by disgruntled family members, partners or friends.
As well as advising on the validity (or otherwise) of wills, our experts also specialise in claims under the Inheritance (Provision for Family and Dependants) Act 1975. Under this Act, a claim can be made for a share of the deceased’s estate even if a valid will or the operation of the intestacy rules do not do so.