Have you been defrauded out of your inheritance?
A testator is free to leave their property to whoever they wish and so leaving someone out of a will may be a deliberate choice.
It is also possible that a testator can be influenced to leave someone else out of a will. If that is the case, then the will is open to challenge. If you have been left out of a will because someone else has put pressure on the testator, then we may be able to help.
It is also posisble that you could make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) on the grounds that no provision, or inadequate provision, has been made for you in the will.
To be able to make a claim you must fall into one of the following categories of Claimant:
- The deceased’s spouse or civil partner;
- Former spouse or civil partner who has not remarried;
- Co-habitee (provided you had been living with the deceased for two years prior to their death);
- Child of the deceased;
- Treated as a child of the deceased; or
- A person who was being maintained by the deceased.
There are a number of factors that the Court will take into consideration when deciding whether or to make an award, such as your financial needs and resources, you future financial needs, the financial needs of the beneficiaries, the size and nature of the estate, any physical or mental disability of any other claimants or beneficiaries and any obligations and responsibilities of the deceased towards you, other claimants/beneficiaries.
A claim under the 1975 Act must be brought within six months from the date on which a grant of representation is taken out.
At Samuels Solicitors LLP, we have a extensive experience in dealing with these types of claims. If you or someone you know think you may have a claim then do not hesitate to contact us for further information.