Dispute Resolution 

Inheritance Act Claims and Trust Litigation

The Inheritance (Provision for Family and Dependants) Act 1975 allows various classes of person to make a claim against a deceased’s estate.

In order to bring a claim an individual needs to establish that they were either a spouse, former spouse or partner of the deceased or, alternatively, that they were a child or a person treated by the deceased as a child of the family or a person who immediately before the death of the deceased was being maintained, wholly or partly, by the deceased.

For a claim to be maintained, Court proceedings must be issued no later than 6 months from the date of Grant of Probate or letters of administration in relation to the deceased’s estate. The Court has wide powers and a wide discretion when considering a claim under the Act. The test a Court must apply is to determine whether the deceased made reasonable financial provision for the Claimant in his/her will.

We have extensive experience in dealing with cases of this nature on behalf of both Claimants and Executors.

When acting for Claimants we are able to offer conditional fee agreements where appropriate and in some cases public funding may also be available.

We have been involved in a large number of cases, some examples of which are set out below:-

• Acting for a wife of a deceased who was cut out of the will completely save for a small legacy, with the residue of the estate being left to the deceased’s former solicitor. The proceedings were successfully completed with the majority of the estate being provided to our Client for her benefit for the rest of her life.
• A difficult partnership matter where a second wife was involved in a claim that was successfully resolved following complex negotiations without the need for protracted and expensive Court proceedings.
• Defending claims by a partner of a deceased ensuring that the vast majority of the will in this case could be distributed according to the deceased’s wishes.

Dispute Resolution - contact us now to discuss your requirements.

Ashton Graham personal solicitors can assist in the following areas:

• Family law
• Mediation
• Collaborative law
• Civil partnerships
• Personal injury
• Residential conveyancing
• Dispute resolution
• Employment
• Wills, trusts, lifetime giving, inheritance tax
• Probate and administration of estates
• Lasting powers of attorney and court of protection
• Tax

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Ashton Graham have offices in Ipswich, Felixstowe and Bury St Edmunds.