This involves contested or disputed wills and the rights under the Inheritance Provisions for a dependant.
The death of someone close to you can be incredibly difficult to deal with.
It can be made even more difficult if you find out that they have not made a will or they have not included you in the will.
At Awan Solicitors, we have dealt with many cases where the deceased had not made a will and made no provisions for someone who was dependant on him or her. This could be a partner or spouse. An example is where our client married an elderly gentleman and looked after him through his illness. He had been persuaded by “concerned” friends and relative to make a will, secretly, excluding our client and step daughters from receiving any inheritance. We successfully argued for our client and she received the matrimonial home and the other monies held by trustees. This was done under the Inheritance (Provision for Family and Dependants) Act 1975.
The following people are eligible to make a claim under these provisions if they have not been reasonably provided for:
- The wife, husband or civil partner of the person who died
- A former wife, husband or civil partner who has not since remarried or formed another civil partnership
- Someone who lived with the person who died for at least two years before the death
- A child of the person who has died
- A person treated as a child of the person who died
- Someone who has been financially supported by the person who died up until the death
Even in cases where there is a will, there are circumstances when the families are unhappy about the will and certain members may have been led to believe they would receive something but were left out of the will. Often the person who is the last to look after the deceased may have been left the entire estate and the other members of the family left with nothing or very little. It is a very difficult and emotional area of law and we have dealt with cases where the clients have come from different backgrounds, religions and customs.
For instance someone of Islamic faith may have different expectations from their parents then a non-Muslim because the inheritance laws are different. The problem arises where the two clash and how to deal with the matter in a way that resolves the issues in amicable and less costly way.
We can advise you on whether there was a will or not. Most cases are resolved without going to Court because we use Mediation (Trained lawyers and Judges sitting as Mediators) which are cheaper and less adversarial. You will be given clear and concise advice on your matter with costs estimates and possible means of funding the claim.
Take the next step now! Come and talk to us.
We will be able to give you an overview of your case and an indication of the likely costs involved.
To arrange for an appointment, please contact us by telephone or email your details and we will call you back.