Assessing all claims is simple
With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member.
Inheritance disputes can be a difficult time for families, with emotions running high following the passing of a family member. People are often grieving, or angry about a situation which they feel is unfair.
If you have not received the inheritance you expected, we can help.
Inheritance dispute specialists IDR Law have created a tool that can help you understand the legal issues around these types of disputes, and give you an instant answer to whether anything can be done to resolve your situation.
Answer the questions on the form as best you can using the information you have about your inheritance situation.
The guidance will help you answer the questions, and understand the common issues people face during inheritance disputes.
On completion you can download a tailored report with detailed advice on specific issues around your situation, with a breakdown of how they will effect any challenge to your inheritance arrangements.
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Claim Checker FAQs
After I fill out the Claim Checker form, what happens?
You will receive an outcome report with an instant answer on your legal standing to bring a claim, and a breakdown of the strengths and weaknesses of the key issues.
Is the Claim Checker free?
Yes, the Claim Checker is completely free of charge. Once complete you’ll receive your outcome report, outlining the key issues.
We partner with IDR Law, Inheritance Dispute Specialists, who will contact you for a free no obligation chat about your situation.
Should I challenge the inheritance arrangements?
1 in 3 people rely on an inheritance to buy property, pay off a debt, or pay for their elderly care.
If you were relying on inheritance for any of these reasons, then you are well within your rights to question if you think the inheritance has been incorrectly distributed.
Deciding to dispute inheritance can seem like a difficult undertaking because of the sensitivity around losing a family member, or the resulting family disputes which often arise.
If you are legally entitled to a greater share of the inheritance, you should not feel uncomfortable challenging the arrangements to receive what is rightfully yours.
Is there a time limit to dispute inheritance?
The longer the time from a person’s death, the harder it can be to dispute inheritance. It is still possible, but there are two main issues that can arise.
Gathering evidence
It can be difficult to gather enough evidence to support your case because everything is old. Witnesses may have died or will files, and other documents may have been destroyed.
Overturning previously settled cases
It can be difficult to challenge the administration of an estate that was carried out and settled a long time ago, if it was considered to have been carried out correctly and in good faith at the time.
The courts may be reluctant to overturn or interfere with a case that was considered settled, and all decisions made around the estate were considered correct.
IDR Law can help assess your circumstances and advise on the likelihood of a dispute being considered by the courts.
I can’t find the will
After a loved one dies, it is important to ensure that reasonable steps are taken to establish whether there is an existing valid Will.
The paperwork
If you think there is a Will, but you are unable to find it, the first place to start would be checking through the person who has died paperwork and personal belongings.
If they had made a Will with a solicitor or Will writer, there may be a letter and/or other paperwork which can point you in the right direction. In this situation, it is important to follow up with the solicitor or will writer to make sure you haven’t missed anything.
The bank
Another place to look into would be where they banked.
It is not unusual for a bank to store important personal documents. It is also possible that the bank could have had an input in the Will drafting/execution and/or be appointed as executors/trustees.
It may also be worth checking through transactions on their bank account. This is because they may have set up an ongoing annual/monthly direct debit to pay a Will storage fee. You could also check to see if any payments were made to a solicitor and/or Will writer.
Chat to family
It is also important to discuss the matter with any family members or friends. It could be that the person who has died told certain people that they had made a Will and if so, where it was stored.
The National Will Register
Another option if you still can’t find the will would be to undertake a Certainty Will Search. There are several different searches which you would be able to choose from. You will need to consider which is best suited to the circumstances you face.
It is important to note that only Wills either on the Will register or those that are being held by a solicitor will be picked up in a search. This type of search won’t pick up homemade Wills or Wills written by Will writers.
Where else may I find the will?
Wills can also be stored at HMCTS and the Probate Registries. Whilst it may be unusual, it may be worth checking if none of the above results in a Will being located. If it has been stored with the HMCTS or the Probate Registry, you should be able to locate a lodgement certificate in their paperwork.
If it is possible that the Will has already been used to obtain a Grant of Probate by the Executors, it would be worth checking the GOV.uk – ‘Search probate records for documents and Wills’ website.
If the Will has been proved, a copy of the Grant and Will can be requested for a small fee.
Died without a will?
If reasonable steps have been taken and no Will can be found, the general presumption is that the deceased died intestate (meaning without a Will). In those circumstances, their estate will be dealt with under the Rules of Intestacy.
Share of inheritance
With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member.
If you are unhappy with your share of inheritance and want to learn whether you can challenge the current arrangements, we have created a tool that can help you understand the legal issues around these disputes and give you an instant answer to whether anything can be done to resolve your situation.
The tool asks a series of questions covering the typical issues people face in an inheritance dispute situation. It provides detailed guidance to help users understand whether they have the right to dispute and then advises on the likelihood of success based on their situation.
The tool is completely free and easy to use.
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My sibling is contesting my parent’s will
Whilst many hope that the death of a parent would only bring you and your siblings closer together, sibling rivalry, whether long-founding or recently formed, can often get worse following the death of a parent.
Emotions are heightened and grief can fuel all sorts of arguments particularly where the parent’s will has left somebody out, which can result in a brother or sister contesting the will.
In England and Wales there is no requirement on parents to provide for their children on their death nor must they provide for children equally. Despite this, where a parent disinherits one child and not the other or leaves one child a significant amount and the other much less, it often triggers inheritance disputes as to the validity of the will by the disappointed child. With this often comes accusations as to the care provided to the parent or the motive behind the relationship which makes disputes between siblings all the more filled with emotion and anger.
So, what happens if your brother or sister contests your parent’s will?
The first thing that may happen when a sibling contests a parents will is that the disappointed sibling place a Caveat on the parent’s estate.
What is a caveat?
A Caveat prevents anyone from obtaining the Grant of Probate and so delays administration of the estate pending resolution of the dispute. If the Grant of Probate has already been obtained, you or the personal representatives of the estate may receive a request to place administration of the estate on hold whilst
investigations take place. Personal representatives should remain neutral to any claim and as such, are advised to place administration on hold whilst the dispute is resolved so as to avoid any personal liability for any distribution. As a beneficiary, you are not required to be neutral and can defend claims brought by
siblings.
A letter of claim
You may then receive a ‘Letter of Claim’ or similar, setting out details of the claim.
This should usually set out the grounds on which the will is being contested and any evidence to support that suggestion. Evidence often includes medical records, notes from the will file and witness evidence.
If a Caveat has been entered or you are on notice of a claim, it is sensible to seek legal advice on your position. You will usually need to respond to the Letter of Claim with a ‘Letter of Response’. This will again include evidence to support your position that the will is valid and can include suggestions for resolution of the dispute.
Avoiding court with mediation
As with many cases and particularly where siblings are challenging a will, it is sensible to consider ways to avoid Court and try to reach an agreement that works for everyone.
Mediation is often an effective way to try a settle the claim without going to Court.
Mediation involves a ‘mediator’ who will go between the parties to assist in attempts to settle the claim. Parties do not have to see one another, and mediations can be conducted remotely with little inconvenience to those taking part.
Inheritance disputes are common
With 1 in 3 people relying on an inheritance, disputes over inheritance arrangements can often occur following the death of a family member.
If you are unhappy with your share of inheritance and want to learn whether you can challenge the current arrangements, we have created a tool that can help you understand the legal issues around these disputes and give you an instant answer to whether anything can be done to resolve your situation.
The tool asks a series of questions covering the typical issues people face in an inheritance dispute situation. It provides detailed guidance to help users understand whether they have the right to dispute and then advises on the likelihood of success based on their situation.
The tool is completely free and easy to use.