INHERITANCE
(PROVISION FOR FAMILY AND DEPENDENTS)
ACT 1975

Financial Support For Dependents. ~ One of the most frequent causes of litigation in regards to wills relates to inadequate provision for dependents of the deceased. Legal action can be started under the Inheritance (Provision for Family and Dependents) Act 1975 by any person (of any age) legally deemed to be a dependent at the time of the testators death for whom inadequate provision has been made. Applications to the court for financial support are most often made by disabled or illegitimate children. Other potential applicants include:
~ a dependent ex-spouse who was receiving maintenance at the time of death
~ supported children from a previous relationship
~ children living with the deceased
~ a separated supported spouse
~ the current spouse
~ cohabitee of more than two years
~ any person who received regular financial assistance

Probate Solicitors with Litigation Experience. ~ When searching for a probate solicitor, you’ll find that most are either courtroom or non-courtroom lawyers. It is rare to come across a solicitor that handles both types of cases. The trend is for lawyers to take only one of the two paths in their career, rarely venturing outside of a pre-defined area of expertise. Finding a probate solicitor with courtroom experience is particularly challenging. For the most part, the work of a probate solicitor is non-contentious. Wills and trusts are drafted in an office setting, and the lawyer works one-on-one with the client. Seldom is there a need to bring legal action in a court. Should a dispute arise, the case is usually transferred to a litigator within the firm who may lack a background in the relevant area of the law. The client suffers because the litigator, though capable and educated, isn’t as comfortable with wills and probate law. It’s a much different type of legal work than litigating personal injury cases or commercial disputes.

Probate Solicitors Who Understand Contested Wills. ~ Most probate solicitors do not deal with contentious cases and have little to no courtroom experience. On the reverse side, litigators, the ones who handle contentious cases on a regular basis, tend to deal more in business or accidents and have little to no experience with probate law. Despite this trend, you don’t have to sacrifice knowledge of probate law in order to find a solicitor who can handle disputes in court. Our panel of lawyers are experienced and qualified in both areas and are comfortable both inside and outside a courtroom. You can contact us today for free advice on wills and probate-related issues. Call our helpline or complete the contact form, and one of our solicitors will be in touch to discuss your case. This initial consultation is free of charge, and you are under no further obligations.