Navigating Contentious Probate: A Comprehensive Insight into the Inheritance Act 1975

Posted on February 1st, 2024 in News.
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Navigating Contentious Probate: A Comprehensive Insight into the Inheritance Act 1975

Contentious probate cases often arise when disputes emerge over the distribution of a deceased person’s estate. In the realm of contentious probate, the Inheritance Act 1975 plays a pivotal role, providing a legal framework for individuals seeking to challenge or contest the distribution of an estate. This article aims to offer a comprehensive overview of contentious probate, with a specific focus on the Inheritance Act 1975.

Understanding Contentious Probate:

Contentious probate refers to legal disputes arising from disagreements over the validity of a will, the distribution of assets, or claims of inadequate provision for certain beneficiaries. Such disputes can strain familial relationships and in some instances, necessitate some type of legal intervention to resolve matters.

The Inheritance Act 1975:

Inheritance (Provision for Family and Dependants) Act 1975, colloquially known as the Inheritance Act 1975, grants individuals the right to challenge the distribution of an estate if they believe they have not been adequately provided for. The Act empowers the court to vary the distribution of the deceased’s estate to ensure a fair and reasonable provision for specific individuals, such as spouses, children, and dependents.

Key Provisions of the Inheritance Act 1975:

1. Who can make a claim:

  • Spouses or civil partners
  • Children or dependents
  • Former spouses or civil partners if they have not remarried

2. Factors considered by the Court:

  • Financial needs and resources of the claimant
  • Obligations and responsibilities towards the deceased
  • Any physical or mental disabilities
  • Other beneficiaries’ needs and resources

3. Time limit for claims:

  • Claims under the Inheritance Act 1975 must be brought within six months of the date of issue of the grant of probate.

Navigating Contentious Probate Cases:

When faced with contentious probate cases, individuals should seek professional legal advice to understand their rights and assess the viability of a claim under the Inheritance Act 1975. Eldridges is proud to have a dedicated team specialising in contentious probate who can provide invaluable assistance in gathering evidence, preparing a robust case, and representing clients in court.

Contentious probate cases, especially those involving the Inheritance Act 1975, require careful consideration and legal expertise. Disputes over estate distribution can be emotionally charged, and at Eldridges, we understand that seeking the guidance of an experienced law firm is essential for navigating the complexities of the legal process. In the pursuit of a fair and just resolution, understanding the intricacies of the Inheritance Act 1975 is crucial for both claimants and those defending against such claims.

For more information, please see our pages concerning Probate & Trust Disputes and Wills & Inheritance Claims. If you would like to discuss your case further, or if you would like some general advice concerning this area of law, then please feel free to use our Contact Us form.

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