Do you feel that you have unfairly been left out of a will, or that you should receive part of someone’s estate but that they have died without leaving a will?

Are you concerned that no information is being given to you concerning a deceased estate.  Did you know that a will is a public document that can be viewed once probate is started? 

Even if you are an adult if you have been financially dependant on the deceased or are within a limited range of close non-dependant relatives you may be able to make a claim for payment out of the deceased’s estate.

It is also possible to make a successful financial claim if there is evidence that the will is not valid.  Examples of wills that would not be valid are:

• the formal requirements to make a valid will were not complied with
• the deceased was unduly influenced to make a will
• the decease signature or part of the will was forged

Should you have a query regarding the validity of a will, or believe that you may have a claim against a deceased estate as you were financially dependent on the deceased please contact Jane Leadbeater

There are time limits for making a claim – act now – do not delay

We also act for trustees of estates against which a claim has been made.   It is better to get expert advice as soon as you receive notice that there is a potential claim, whether it is regarding the validity of the will, or a claim from a person who was financially dependent on the deceased.  Getting advice early may prevent a claim being made, and reduce costs against the estate.  If you are a trustee and need expert advice on these issues we can assist you.

We are also able to provide expert advice to those who are concerned that the personal representatives instructed have negligently administered an estate.   

Please contact Jane Leadbeater on 01442 261731 or email: jane.leadbeater@pickworths.co.uk to arrange an appointment.

There are numerous steps to be taken when sorting out the affairs of someone who has died. These include;

• Obtaining details of all property and assets owned by the person
• Obtaining details of liabilities
• Obtaining valuations for tax purposes
• Making arrangements to pay inheritance tax as it becomes due
• Application for grant of probate
• Distribution of assets

As you can imagine such procedures may take some time to complete, depending on the level of complexity.

Pickworths works to make the administration of the estate as swift and smooth as possible and can also provide advice on tax planning and trusts.

Contact Kate McNamee, Ian Tottman or June Yap.

The strange thing is that you will never make use of your will. Unfortunately your loved may need it urgently if something should happen to you suddenly. Unless you deal with your affairs properly, you may die 'intestate' (without leaving a will) and the intestacy rules will dictate the division of your assets.

A complicated formula applies if the person is married. If they die at the same time as their husband or wife then the younger is assumed to have died last and the assets may pass to their parents, leaving nothing for the older partners' family.

If the person is not married but lives with the partner then it can be even more difficult as the assets may go to the next of kin (children or parents) but not to the partner at all.

The sure way to settle such matters is to make a will through a reputable solicitor. By so doing you will be sure that all the necessary considerations have been made for dependent children, financial planning, tax planning and so on.

Contact Kate McNamee, Ian Tottman or June Yap.

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