Contested Wills, Estates & Trusts | Curtis Parkinson

0115 964 7740 - law@curtisparkinson.com

Coronavirus – COVID-19: Whilst our offices remain closed, all our staff are working and our telephones are fully operational. We’re also offering meetings via video for advice on Wills, Lasting Power of Attorney or Probate and 'Drive In' appointments for Notorial services. As ever, please contact us if you have any queries. More >>

Contested Wills, Estates & Trusts

When someone close to you dies, it can be devastating. The situation is even harder if the family are in dispute over a Will or someone feels they’ve been treated unfairly.

Whilst many people believe they are entitled to leave their savings and property to whomever they choose, under the terms of the Inheritance (Provision for Family and Dependants) Act 1975 certain individuals can make a claim for ‘reasonable financial provision’ from deceased person’s estate.

Aim of The Inheritance Act

These regulations were designed to protect those who have:

  1. Not inherited because there isn’t a Will;
  2. Been left out of a will entirely; or,
  3. Not been left as much as they need.

If it can be shown that reasonable financial provision has not been made in the Will, the Inheritance Act enables the court to change the terms of the Will.

Who Is Entitled To Make a Claim?

If you believe you’ve been unfairly left out of a Will or you are entitled to a greater share, you can make a claim.

To bring a claim under the Inheritance Act you must be either:

  1. A child/children of the person who has died;
  2. Those treated on a similar footing;
  3. A spouse or long term cohabiting partner; or
  4. An individual(s) who were being “maintained” by the deceased

A surviving spouse or civil partner is entitled to financial provision as is reasonable in all the circumstances, ‘whether or not that provision is required for his or her maintenance’.

Anyone else is entitled to claim a reasonable amount for their maintenance, assuming the estate can provide it.

Time Limit

The time limit is set at six months from the date of grant of probate (or letter of administration if the deceased died with no valid will). This applies to all applicants, including minor children. In certain circumstance you can bring a claim out of time, but you must have sufficient grounds to do so.

Straight-forward Advice

We believe practical, straight-forward advice is particularly important when disputes involve family members. Whether you are looking for advice about making a claim or you need assistance to defend one, our lawyers are here to help.

Read Our Reviews

Meet Our Lawyers

Would You Like to Make an Appointment?

Please get in touch to arrange an appointment, or simply ask a question about our Notary services.

Maggie Eley – Wills 1

Had my will revised today. Mr Curtis was polite, efficient and explained things well. Would recommend them for this service.

Maggie Eley

Curtis Parkinson
5
2019-09-04T11:08:38+01:00

Maggie Eley

Had my will revised today. Mr Curtis was polite, efficient and explained things well. Would recommend them for this service.

Shirley Bennett – Wills 2

Curtis Parkinson were recommended to us and were exactly as described: kind, patient and helpful. They explained everything, but kept it simple.

Shirley Bennett

Curtis Parkinson
5
2019-09-04T11:10:14+01:00

Shirley Bennett

Curtis Parkinson were recommended to us and were exactly as described: kind, patient and helpful. They explained everything, but kept it simple.

W. H. Watmore -Wills 3

Curtis Parkinson were very knowledgeable but easy going and helped us with setting out our will. I would definitely recommend them.

W. H. Watmore

Curtis Parkinson
5
2019-09-04T11:11:42+01:00

W. H. Watmore

Curtis Parkinson were very knowledgeable but easy going and helped us with setting out our will. I would definitely recommend them.

Joanne Goldstein – Wills 4

All of my meetings were both friendly and professional. They made the process of dealing with my parents' wills and probate a non-complicated process.

Joanne Goldstein

Curtis Parkinson
4
2019-09-04T11:14:10+01:00

Joanne Goldstein

All of my meetings were both friendly and professional. They made the process of dealing with my parents' wills and probate a non-complicated process.

T. King – Wills 5

I'd recommend Curtis Parkinson for their kind and considerate staff. They helped me with my Will and LPA - everything was done on time.

T. King

Curtis Parkinson
5
2019-09-04T11:15:05+01:00

T. King

I'd recommend Curtis Parkinson for their kind and considerate staff. They helped me with my Will and LPA - everything was done on time.

John Harrison – Wills 6

Curtis Parkinson were prompt, efficient and great value for money. They were informal, yet professional and gave good advice.

John Harrison

Curtis Parkinson
5
2019-09-04T11:25:04+01:00

John Harrison

Curtis Parkinson were prompt, efficient and great value for money. They were informal, yet professional and gave good advice.

Michael Eaton – Wills 7

Curtis Parkinson were very efficient - they replaced my old will with a new one in the space of only a week. I would recommend them.

Michael Eaton

Curtis Parkinson
5
2019-09-04T11:25:42+01:00

Michael Eaton

Curtis Parkinson were very efficient - they replaced my old will with a new one in the space of only a week. I would recommend them.

Geoff & Sheila Watnall – Wills 8

Curtis Parkinson dealt with matters without deviating from matters in hand. Quick response, very efficient and likeable manner.

Geoff & Sheila Watnall

Curtis Parkinson
5
2019-09-04T11:26:34+01:00

Geoff & Sheila Watnall

Curtis Parkinson dealt with matters without deviating from matters in hand. Quick response, very efficient and likeable manner.

Rita Welbourne – Wills 9

I've never had a will before so I didn't know why one was needed, but Curtis Parkinson explained it to me. I'd highly recommend them.

Rita Welbourne

Curtis Parkinson
5
2019-09-04T11:27:23+01:00

Rita Welbourne

I've never had a will before so I didn't know why one was needed, but Curtis Parkinson explained it to me. I'd highly recommend them.

Debbie Spencer – Wills 10

Curtis Parkinson helped me to understand will writing. They were friendly and took the time to really go over detail.

Debbie Spencer

Curtis Parkinson
4
2019-09-04T11:28:10+01:00

Debbie Spencer

Curtis Parkinson helped me to understand will writing. They were friendly and took the time to really go over detail.
4.8
10
Curtis Parkinson
Partnerships & Accreditations