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Inheritance Disputes

A sharp rise in property values over recent decades, combined with changing family structures and a high profile landmark case in 2015, are combining to drive an increase in relatives and dependents bringing inheritance dispute claims. The Morgan Rose team has experience in helping individuals to successfully bring, and defend, inheritance claims under the Inheritance Act 1975.

Inheritance Act 1975

Where someone dies without a will, or there is a dispute over the contents of a will, certain relatives and dependents can challenge the will or the rules of intestacy by making a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

An estate worth fighting for?

Rising property values have sharpened the dispute in many cases. Inheritance disputes can be painful, lengthy and expensive but, when a property worth several millions is at stake, relatives of the deceased will often feel it is worth contesting a will that they feel is unfair.

Ilott v Mitson - a landmark inheritance dispute case

In 2015, the Court of Appeal awarded an estranged daughter £143,000 after her mother left nearly £0.5 million to various animal charities. Even though her mother had deliberately disinherited her, she was still able to challenge the will. This case encouraged many adult children, who had been left out of a will or not provided for to any great extent, to dispute their deceased parent’s decision.

The Morgan Rose approach to inheritance disputes

Inheritance disputes often begin as a point of principle, but this point of principle may only last so long. We work with our clients to carry out a clear cost benefit analysis before starting any inheritance dispute or probate litigation and we always seek to establish clear ‘exit’ points. Often, an earlier settlement can help to both reduce costs and preserve family relationships.

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