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Claim Against an Estate

If you have been left out of a Will or received an inheritance less than expected, it can be an emotionally charged prospect on top of your grief.

With the pragmatic advice and hands-on assistance from the Glanvilles’ claim against an estate solicitors, making a claim can be a straightforward and successful process.

At Glanvilles, our claim against estate solicitors have worked with many clients over the years and have a high level of expertise in securing all levels of claims, including those with more pressing challenges to overcome.

Our solicitors will take the time to carefully understand your personal situation, including the circumstances and impact it has had on your life. From this, we can establish the best court of action moving forward that is tailored to you and your needs, including establishing the grounds to claim against an estate.

In addition to claims being made for ‘reasonable financial provision’, our solicitors can assist with claims made under the rules of intestacy where the deceased person died without a valid Will.

Our claim against an estate services includes claims against the following:

  • Lack of capacity
  • Undue influence
  • Forgery or fraud
  • The Inheritance (Provision for Family and Dependants) Act 1975 claims
  • Lack of proper formalities

When you choose to work with the Glanvilles private client team, our specialist solicitors deliver clear, proficient advice and practical guidance and will ensure you have the best chance of success.

Get in touch with our claim against estate solicitors in Chichester, Fareham and Havant

Contact our expert estate claims solicitors in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.

The Glanvilles guide to claims against an estate

Who can make a claim against an estate?

Generally speaking, anyone can claim against an estate. However, should a claim be in concern with financial provisions, The Inheritance (Provision for Family and Dependants) Act 1975 governs such claims and specifies that claims can only be made by:

  • The spouse or civil partner of the deceased
  • The former spouse or civil partner of the deceased (they cannot have remarried or entered a new civil partnership)
  • Any person living in the same household with the deceased for at least two years
  • The children of the deceased, including adopted children, stepchildren and former stepchildren
  • Anyone who financially relied on the deceased

How to make a claim against an estate

Acquire legal assistance

If you have grounds to claim against an estate, the first court of action in the claims process is to speak to a legal professional about your situation. They will take the time to clearly understand your personal circumstances and needs. This allows them to determine the likelihood of your claim’s success and provide suitable actions for moving forward.

A claim cannot be initiated until the grant of probate or letters of administration has been issued, but it is possible to prepare for a claim prior to the grant. A caveat can be obtained to prevent the grant for six months.

Alternative dispute resolution

The most common and successful resolution methods for claims against estate issues are through strategic alternative dispute resolution methods, including letter before claim, private negotiations and mediation. In most instances, the court will require claimants to attempt a pre-action protocol prior to making a court claim.

Should you need assistance with claims against an estate, our solicitors at Glanvilles have supported a wide range of clients with ADR approaches for various claims against estate matters. These methods are often less contentious, more cost-effective and quicker than court litigation.

Court proceedings

In the rare instance that the pre-action protocol does not find an amicable solution, it may be more suitable to make a court claim where a judge will assess the surrounding circumstances and make a legally binding decision.

At Glanvilles Solicitors, our team have dealt with many claims against estate matters, acquiring successful outcomes that are in the best interests of the affected claimant. Our solicitors will handle all legal aspects, including obtaining the relevant evidence, including witness statements, copy of the Will and any other evidence to support the claim. We can additionally represent you during the hearing.

How long does someone have to claim against an estate?

Once probate or letter of administration has been granted, there is a time limit of six months to claim against an estate. However, it is possible for this period of time to be extended by the court should they deem it reasonable to do so.

Can an executor claim against an estate?

Any person can claim against an estate, meaning it is possible for an executor to make a claim, and in most instances, executors are often beneficiaries of a Will.

What are the grounds for making a claim against an estate?

To claim against an estate, there must first be established grounds to make such a claim.

For most claims against estate issues to be eligible and successful, there must be established grounds to make such a claim. Examples of these grounds include:

  • Lack of capacity – Where the deceased lacked mental capacity at the time of making and signing a Will.
  • Undue influence – Where the deceased was influenced by another person when making and signing a Will.
  • Forgery or fraud – Where the deceased was deceived at the time
  • Inheritance (Provision for Family and Dependants) Act 1975 claims
  • Lack of proper formalities

How we deal with claims against an estate issues

Our team have a considerable amount of collective knowledge, skill and expertise to assist those looking to make a claim against an estate. Our solicitors will provide clear advice and support in plain English without confusing legal jargon. With our assistance, you can be confident in receiving the best possible assistance and chance of success for claims against an estate. 

Why choose Glanvilles’ claim against an estate solicitors?

The Glanvilles Solicitors private client team’s service is positively awarded and appreciated through the Law Society’s Wills & Inheritance Quality Scheme, as well as the Lexcel accreditation. Both these accreditations recognise the sheer level of high-quality service our solicitors are providing to clients regarding claim against estate matters, in addition to other areas of our legal practice, including management and client care.

Our claim against estate of deceased experts can offer:

  • In-depth experience across a range of issues relating to claims against estates issues, including those more challenging
  • Advice and robust representation in liaising with the relevant parties
  • Acknowledged experts in respect of Wills, trusts and estate planning
  • Advice in respect of claims against an estate after distribution which can often be more complex

The Glanvilles’ client service promise

When you use our claim against an estate service, we promise:

  • Our staff will be friendly, respectful and attentive.
  • Your concerns will be listened to, your questions answered, and your options explained in plain English.
  • The cost of dealing with your requirements will be made clear to you from the outset.
  • We will answer your phone calls and emails promptly.
  • We will keep you regularly updated at all times.

Get in touch with our expert claim against an estate solicitors in Chichester, Fareham and Havant

Contact our highly experienced claim against estate solicitors in ChichesterFareham or Havant or fill in our simple online enquiry form for a quick response.