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Claims Against a Deceased Estate

Glanvilles can assist you in dealing with claims arising out of a deceased's estate. This is a complex area of law and our specialist team of family solicitors will be able to advise and assist with a claim under the Inheritance Act.

Making an inheritance claim

If you have been left out of a Will or if you feel that adequate provision has not been made, it is important to act quickly.  Will disputes, contested estates and inheritance claims will require a detailed examination of the deceased estate and the surrounding circumstances and strict time limits apply.

There are a number of circumstances in which you may be entitled to challenge a Will, or make a claim for greater provision from a deceased estate. You should seek advice immediately if:

  • You were dependent on the deceased and you have not been provided for in their Will
  • The provision made for you in the Will is not adequate for your needs
  • You believe that the Will is unfair
  • You are named as Executor and the Will does not provide for a family member or spouse
  • You believe that the deceased was not of sound mind when they made their last Will
  • You believe that the deceased was unduly influenced by one or more beneficiaries named in the Will
  • The deceased passed away without a Will
  • The Will is unclear

Types of Deceased Estate Claims

When challenging an estate there are generally two main types of claims:

  • Challenging the validity of a Will
  • Making a claim for greater provision from an estate pursuant to the Inheritance (Family Provision) Act 1972 (SA) (known as an "Inheritance Claim").

If you do believe you may have a claim against a deceased's estate, contact a member of our team.