Specialist Contentious Probate Solicitors for Will Disputes

Whether you are contesting or defending a will, we are here to help. McHale & Co has been helping families in the North West since 2001, and our reach now extends nationally, with multiple offices offering a full service across a wide range of legal sectors.

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If you’d like to know more about how our legal services can suit your needs, do not hesitate to get in touch.

    What is the Inheritance Act?

    The Inheritance Act is a piece of legislation designed to protect people where their spouse, civil partner, parent or other dependent, has died without leaving them adequate financial provision in the will (or in some cases, where there is no will). It applies specifically to those domiciled in England and Wales, and is for situations where the will has been deemed valid, but not necessarily fair.

    Who Can Make a Claim Under it?

    Although it was written in 1975, the Act has since been updated and includes:

    • The spouse or civil partner of the deceased.
    • The former spouse or civil partner of the deceased (provided that the deceased hasn’t remarried or entered into a new civil partnership)
    • A person who was in a relationship and living with the deceased for at least two years prior to death
    • Children of the deceased (including adopted or step-children)
    • A person who was treated as a child by the deceased (such as a foster child or a young relative under the care of the deceased)
    • Anyone who was being financially supported, wholly or partly, by the deceased prior to their death

    How Are Claims Made?

    Making a claim under the Inheritance Act must be done within six months of the Grant of Probate or Grant of Letters of Administration. It is very rare for cases of this nature to go to court; most claims are resolved as a result of mediation.

    It’s important to seek legal advice if you intend to make a claim. At McHale & Co, our team of qualified solicitors, consultants and mediators will be able to help you navigate through this specialist area of law. Our job is to make sure that you receive a reasonable financial provision in order to maintain a similar quality of life after the loss of the deceased, wherever possible.

    If we aren’t able to come to a reasonable agreement over the distribution of the estate through mediation, we will go to court as your legal representatives. The court will then make a decision based on the financial resources of yourself and any other beneficiaries, the financial needs of yourself and other beneficiaries, the size and nature of the estate, as well as other relevant factors.

    The court’s primary concern is to make sure that everyone who was dependent on the deceased is taken care of. Our concern is to make sure that your needs are properly represented, and to fight for what you are entitled to, to the best of our ability.

    Speak to Our Contentious Probate Team if You Have Questions About an Existing Will.

    Can you Contest a Will if it’s Valid?

    If the will does not meet any of the criteria for it to be contested on the basis of its validity, i.e. the will has been made properly, you may still be able to contest it if you believe you have been excluded or forgotten.

    Individuals who relied upon the deceased financially, or who expected to receive significantly more than they were left in the will, may be able to contest it under the Inheritance Act 1975.

    If you believe you have been excluded or forgotten in a will, you may be able to make a claim under the Inheritance Act. Click here for more information.

    Meet the Team

    Our dedicated probate team has a combined 26 years’ experience working in Contentious Probate specifically, and tackles every case with compassion, integrity, and transparency, to make sure you get results.

    Frequently Asked Questions (FAQs)

    Anyone who has a legitimate interest in the deceased’s estate can contest it, but generally, wills are contested by spouses and civil partners, children, cohabiting partners, executors, and financial dependents to the deceased.

    There is no time limit for contesting a will, however it is best to do this before the Grant of Probate is issued as it will be much more difficult to make a claim once the estate starts being distributed.

    Most Contentious Probate cases are able to be resolved through mediation (without going to court). However, some will disputes are not able to be resolved amicably and will end up in court.

    Get in Touch

    If you would like to know more about how our tailored legal services can best suit your needs, please do not hesitate to get in touch.

    Although we are based in Greater Manchester, we provide high-quality legal assistance to those who need it around the UK.

    Call us today on 0161 928 3848, or fill in the contact form below.