Looking to contest a Will?

Perhaps you have been left out of a Will, or you were promised an inheritance that you have yet to receive. Either way, we understand that contesting a Will can be a stressful time, particularly after losing a loved one.

ELM has partnered with Inheritance Dispute Resolution, and with the help of their highly trained solicitors, you can get the answers and support you need.

Complete their free inheritance claim checker today to find out of making a claim is a viable option.

Looking to contest a Will? Use the IDR Inheritance Claim Checker today!

Disputes are rising

With 1 in 4 people seeking to bring a claim against an estate.

If you are experiencing a Will and Probate dispute, then you are aware of its profoundly personal nature; your thoughts may be consumed with questions and concerns, and you may even be losing sleep. Fortunately, IDR Law was founded with the sole purpose of helping people like yourself to resolve such disputes.

Inheritance Claim Checker | A family with young children and pets

Over the years, IDR has helped thousands of people to reach their desired outcomes in a timely and cost-effective manner. They are selective in the cases they accept and avoid taking on large volumes, so you can rest assured that their team is committed to ensuring they can make a difference to your individual circumstances.

IDR primarily operates on referrals by Will and Probate companies such as ourselves, and we are pleased to recommend them to our clients. Their services include a substantial support network with a dedicated phone line where you can have any questions and concerns addressed promptly and professionally.

Try out their free inheritance claim checker today!

Free claim checker

Free online tool with 24 hour access

Complete a few quick questions, and you will be one step closer to peace of mind. No need to hunt around for local lawyers.

Clear answers in minutes

The IDR Claim Checker produces a report in just five minutes, providing you with needed clarity on whether your claim has any merit.

Completley confidential

All of your answers are secure and will only be shared with our partners at IDR Law.

Created by inheritance dispute specialists

IDR Law is the only law firm in the UK that specialises in the resolution of contentious wills, probate and trust disputes.

Common grounds to contest a Will

Lack of capacity

If the Testator (the person who made the Will) lacked the mental capacity to understand the nature and effect of their actions when creating the Will. This lack of capacity could be due to factors such as mental illness or medication.

Undue influence

If the Testator was under any pressure or was coerced to create or change the Will. This often involves situations where a caregiver, family member, or close associate manipulates the Testator.

Incorrect execution

For a Will to remain valid, it must be prepared and signed according to the rules within Section 9 of the Wills Act 1837. For example, the Testator must sign in the presence of two independent witnesses, who also sign. If this has not been done, the Will may be invalid.

Fraud or forgery

If there’s evidence that the Will was forged or created under fraudulent circumstances. This includes situations where someone signs the Testator’s name without authorisation.

The Inheritance (Provisions for Family and Dependants) Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 is legislation that allows certain individuals to make a claim against an estate and contest a Will if they believe that reasonable financial provision has not been made for them in the deceased’s will or under the Rules of Intestacy (when someone dies without leaving a valid will).

The following individuals may be eligible to make a claim:

  1. Spouse or Civil Partner: A surviving spouse or civil partner of the deceased may make a claim, regardless of whether they were named in the Will or not.
  2. Former Spouse or Civil Partner: A former spouse or civil partner may also make a claim if they were financially dependent on the deceased at the time of their death.
  3. Children: Biological and adopted children of the deceased may make a claim if they were not provided for or adequately provided for in the Will.
  4. Co-habiting Partner: A person who was living with the deceased as if they were married or in a civil partnership for at least two years prior to the death may make a claim if they were financially dependent on the deceased.
  5. Other Dependants: Individuals who were being maintained, either wholly or partly, by the deceased before their death may also be eligible to make a claim.

 

The IDR Claim Checker takes minutes to complete and will give you a clearer idea of whether making a claim is viable or if you are able to contest a Will.

Free claim checker

FAQ

You’ll get an easy-to-understand report outlining areas of the law that might enable a claim. If your claim has any merit, one of IDR’s experts will reach out to discuss your results.

Yes, it’s entirely free. One of IDR’s experts will reach out to you to offer guidance based on the results of your report, but you are under no obligation.

The success rate of contesting a Will in the UK can vary significantly depending on various factors, including the grounds for contesting the Will, the strength of the evidence supporting the claim, and the expertise of legal representation.

In general, contesting a Will is not easy to win, and success rates may not be very high. However, if there are valid grounds, such as lack of testamentary capacity, undue influence, fraud, or improper execution of the Will, among others, and if sufficient evidence can be provided to support these claims, the chances of success Will increase.

The time limit for contesting a Will varies. In the UK, the time limit for contesting a Will is typically within six months from the date of Probate, and claims outside of this time period tend to be weaker.

However, there are exceptions to this time limit in certain circumstances. For example, if new evidence comes to light later, it may be possible to contest the Will after the initial time limit has expired. Additionally, if there are allegations of fraud, undue influence, or lack of testamentary capacity, the court may exercise discretion to allow a claim to proceed, even if it’s outside the usual time limit.

1 in 3 people rely on an inheritance to buy property, pay off a debt, or pay for elderly care.

If you relied on an inheritance for any reason, you are well within your rights to question whether an inheritance has been incorrectly distributed.

Also, if you are legally entitled to a greater share, you should not feel uncomfortable challenging arrangements to receive what is rightfully yours.

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