Disputing Estates or Wills:
When things go wrong.
Unfortunately this is more and more a common topic. By an ‘Estate Dispute’, we mean an issue arising from the affairs of someone who has passed away. Sometimes long-running family disputes can come to a head at a time of breavement - which in turn makes an already difficult situation even harder to cope with.
The types of dispute we have seen have taken a number of different forms:
The Will contains surprises
Somebody who has been left little, or nothing, under a Will but expected more. This happens often, and is sometimes no surprise. But we have been involved in many cases where the child of a family has felt close to their parent, only to find a Will was made days before the deceased died, and this Will excluded one of the children. Is it a simple typing error? Or does the Will say one thing but actually (legally) mean another? This can be resolved quite amicably, but needs care. Was the deceased pressured in some way, or perhaps wasn’t in their right mind when making their Will? In this case it might be something more sinister, or serious, and you might need some support.
Beneficiaries aren't happy with how the estate is being handled
Managing a deceased estate can sometimes be very complicated, and time consuming. Often all a family member needs is clarification as to what is happening. But sometimes something is happening incorrectly, or years have passed and there is no end in sight. What can you do about it?
Local Authority care home fees
Care home fees are encased in an incredibly confusing system. If you or a relative are in a nursing or care home, you may be paying fees that should have been funded by the local authority or NHS. You might be able to claim the fees back.
The NHS has set some deadlines for claims, notably:
- 30 September 2012 if you should have been assessed between 1 April 2004 - 31 March 2011, and
- 31 March 2013 if you should have been assessed between 1 April 2011 - 31 March 2012
These rules only apply to people in England.
I've also blogged about "Claims against your estate"
If you need any support with any of these issues, or you have a similar-seeming problem, then please get in touch for some advice - initially by clicking the link at the top of the page.