Claims Against An Estate

Expert legal advice in disputes over estates

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Contentious probate services from Goughs

Disputes over a loved one’s estate can add significant stress to an already challenging time. Whether you’re challenging a will, seeking fair provision, or dealing with a dispute over the administration of an estate, Goughs Solicitors is here to guide you through the legal complexities. We understand the emotional toll these situations can take, which is why our expert contentious probate solicitors are committed to providing clear, practical advice.

Our contentious probate services are tailored to your specific needs, whether you’re contesting the validity of a will, making a claim for reasonable financial provision, or dealing with executor disputes. With Goughs by your side, you can be confident that your case will be handled efficiently and professionally, allowing you to focus on what matters most during this difficult time.

Key Contact

David Patterson

Partner and Head of Contentious Probate

Who can claim against an estate

Parties who can claim against an estate include:

A spouse or civil partner
A former spouse or civil partner, provided they have not remarried or registered a new civil partnership, and they should not have a court order barring them from making a claim at the time of the split.
Any other person with whom the deceased was cohabiting continuously for the two years immediately preceding death as a spouse or civil partner.
Any children including illegitimate, adopted and adult children, and children conceived but not yet born at the time of death, but not step children unless they have also been adopted.
Any person who the deceased treated as a child of the family in relation to any marriage or civil partnership and who was dependent (e.g. a former spouse’s child from a former relationship).
Any person the deceased maintained, financially or in other valuable manner; the person must have been looked after death to qualify for a claim.

What is a claim against an estate?

A claim against an estate is a legal challenge made by an individual who believes they have been unfairly treated in the distribution of a deceased person’s assets. These claims can arise when someone feels they have not received what they are entitled to, disputes the validity of the will, or believes the estate is being mismanaged.

Contesting a will

A will can be contested if there are concerns about how it was made, such as the deceased lacked mental capacity at the time of writing the will, the will was created under undue influence or pressure, the will was not properly signed and witnessed, or fraud or forgery is suspected.

Claiming for inadequate provision

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals, such as spouses, children, and financial dependents, can make a claim if they believe they were not left with reasonable financial provision in the will.

Disputing the validity of a will

A will can be declared invalid if it does not meet legal requirements. Claims often involve allegations of:

Lack of testamentary capacity (e.g., due to illness or cognitive decline).
Undue influence by a third party.
Fraud or misrepresentation.

Executor disputes

If an executor is mismanaging the estate, failing to act in the best interests of beneficiaries, or causing unnecessary delays, legal action can be taken to challenge their role or request their removal.

Speak to a solicitor

Whether you are considering making a claim against an estate or need legal guidance on your rights as a beneficiary, we are here to help. Our experienced team can provide the expert advice you need. You can contact us by phone, email, or visit one of our seven offices.

Call us

With seven offices around the South West of England, we have multiple offices you can call.

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Email us

If you would like to drop us an email you can on info@goughs.co.uk

Visit us

With offices in Calne, Chippenham, Corsham, Devizes, Melksham and Trowbridge, you can pop in and see us. View office locations.

The process of making a claim

Making a claim against an estate can feel daunting, but at Goughs Solicitors, we guide you through every step with clear advice and expert support.

Initial consultation: We begin with a consultation to discuss your situation, understand your concerns, and assess the strength of your claim. Our team will explain your options and any time limits you need to be aware of.

Reviewing the case and evidence: Our solicitors will gather and review key evidence, including the will, probate documents, financial records, and witness statements. We’ll determine the best legal approach based on the circumstances of your case.

Attempting mediation or settlement: Where possible, we aim to resolve disputes through negotiation or mediation. This can help avoid the costs and delays of court proceedings while reaching a fair outcome.

Filing a claim in court: If a settlement cannot be reached, we will prepare and submit your claim to court. Our expert litigation team will represent you throughout the process, ensuring your case is presented effectively.

When do you make a claim against an estate?

The time frame for making a claim against an estate depends on the type of claim being pursued. In most cases, strict deadlines apply, so it’s essential to act quickly if you believe you have grounds for a dispute. Even if there isn’t a deadline, recovering assets can be more complicated if the estate has already been distributed, so early action is advised.

Claims for reasonable financial provision (under the Inheritance (Provision for Family and Dependants) Act 1975) must be made within 6 months of the grant of probate being issued.
Claims contesting the validity of a will (e.g., due to undue influence or lack of capacity) do not have a fixed deadline but should be brought as soon as possible to avoid complications.
Claims against executors for mismanagement of the estate can be made at any time during the administration process, but delays may impact the outcome.
Creditor claims (if the deceased owed money) should ideally be made within 6 months of probate to be considered a priority in the estate distribution.

If you are unaware of the probate grant within the 6-month period, the court may allow claims outside this window in exceptional circumstances.

Helping you to navigate the probate process for over 140 years

Our lawyers are here for you at every step

Claims against an estate FAQs

What is a legal claim on an estate called?

A legal claim on an estate is often referred to as a claim against the estate or a contentious probate claim. It involves disputing aspects of the deceased’s estate, such as the validity of their will, the distribution of assets, or the actions of the executors. Common claims include challenges to the will, inheritance claims, and disputes over the administration of the estate.

Do you need to be a direct beneficiary to make a claim?

No, you don’t necessarily need to be a direct beneficiary to make a claim against an estate. Family members or dependents who weren’t provided for in the will may have a valid claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Additionally, creditors or individuals who believe the will is invalid (e.g., due to fraud or lack of capacity) can also challenge the estate, even if they are not directly named in the will.

How long does the process take?

The duration of the process varies depending on the complexity of the case. In straightforward cases, it could take several months. However, if the claim involves court proceedings, mediation, or multiple parties, it may take longer, sometimes up to 1-2 years. It’s important to act quickly, as claims against an estate generally need to be made within 6 months of probate being granted.

What are the costs involved?

The costs involved in making a claim against an estate can vary widely depending on the complexity of the case, whether it goes to court, and the amount of legal advice needed. Some potential costs include:

Legal fees for advice, document preparation, and court representation.
Court fees if the case proceeds to litigation.
Mediation or expert fees if these services are required.

In some cases, if you lose the claim, you may also be liable for the opposing party’s legal costs. However, some solicitors may offer a no win, no fee arrangement depending on the circumstances. We’ll discuss costs with you upfront and ensure you’re clear on any potential charges.

What happens if the claim is unsuccessful?

If your claim is unsuccessful, you may be required to cover the legal costs of the other party, especially if the case was litigated. However, if you are working with Goughs Solicitors, we aim to resolve matters without the need for costly litigation. We’ll provide clear advice on the merits of your claim and explore other options, such as mediation, to avoid unnecessary risks.

How much time is there to make a claim?

A claim for reasonable financial provision must be made within six months after probate or letters of administration have been issued, although the court can extend this period in certain circumstances.

What can you do to minimise the risk of a claim being made on your estate?

To protect your estate from such challenges it is ever more important to create a professionally drafted watertight Will. Contact us today to write your Will.

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Client orientated; they ensure the client is well informed with easy to read documents.

L C, Devizes

Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.

Sue Greenman

Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.

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