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