The death of a loved one is always difficult. When disagreements arise over their estate, the situation can become even more stressful. Whether you’ve been unexpectedly left out of a Will, suspect undue influence, or have concerns about how an estate is being handled, it’s important to understand your rights and the options available to you.
At Franklins Solicitors LLP, our Wills, Trusts and Probate team regularly advises clients on inheritance disputes and contentious probate, helping to protect their interests and resolve matters as smoothly as possible.
“I’ve Been Left Nothing – What Can I Do?”
If you believe you should have inherited something but have been left out of a Will, you may be able to challenge it or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This Act allows certain people – such as spouses, children, cohabiting partners and dependants – to claim reasonable financial provision from the estate, even if they are not named in the Will.
Act quickly: claims under the Inheritance Act must usually be made within six months of the grant of probate, so early legal advice is essential.
Can I Stop Probate or Delay Distribution?
If you are contesting a Will or believe there’s a risk that an estate will be distributed unfairly, it may be possible to prevent or delay probate.
This is usually done by entering a caveat with the Probate Registry. A caveat temporarily stops the
Grant of Administration being issued by the Probate Registry, giving time for legal issues to be investigated.
However, caveats should not be used lightly or to cause unnecessary delay. They are best reserved for situations where there is a genuine concern about the validity of a Will or entitlement to the estate.
Common Grounds for Challenging a Will
A Will can be challenged if there is evidence of:
- Lack of mental capacity when it was made
- Undue influence or coercion by another person
- Fraud or forgery
- Failure to meet legal formalities, such as being incorrectly witnessed
Disputes can also arise over the administration of an estate, particularly where executors fail to act in the best interests of the beneficiaries.
How Franklins Solicitors can Help
Whether you need to:
- Challenge a Will
- Prevent premature estate distribution
- Defend your position in a family dispute
Our specialist solicitors are here to help. At Franklins, we provide clear, compassionate legal advice tailored to your situation, aiming to achieve the best possible outcome – whether through negotiation or, if necessary, litigation.
If you’re facing an inheritance dispute, contact our contentious Probate team today for expert support.
Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change, and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.
Written by Natasha Thorne TEP
Associate Partner, Wills Trusts and Estate Planning at Franklins Solicitors LLP
Specialises in Wills, Inheritance Tax Planning, Lasting Powers of Attorney, Estate Administration, and elderly client matters including Court of Protection and Deputyship.
Natasha Thorne TEP is a Solicitor in the Private Client team at Franklins Solicitors LLP. She joined the firm in 2015 after achieving a First Class Law degree from Canterbury Christ Church University and completing her Legal Practice Course at BPP Cambridge. Natasha qualified in March 2018, following a Training Contract with seats in Corporate, Private Client, and Commercial Property.
Natasha advises on a broad range of Private Client matters, including Wills, Inheritance Tax Planning, Lasting Powers of Attorney, and Estate Administration. She has a particular interest in elderly client work, regularly assisting with Court of Protection applications, Deputyship management, and Care Home contracts. Natasha also works closely with the Property team on Residential Declarations of Trust.
She is a full member of STEP, having completed the STEP Diploma in Trusts and Estates.
Outside of work, Natasha enjoys scuba diving, cycling, and countryside walks with her two miniature Dachshunds, Logan and Noodle.
