Promises & Gifts Before Death
Frequently, informal agreements are struck between individuals and their friends or family members regarding the distribution of their estate after their death.
In such instances, our solicitors can help in securing assets pledged to you, even if they are not explicitly stipulated in a person’s Will.
A valid Will is designed to faithfully mirror the departed individual’s intentions concerning the management of their assets upon their passing.
However, if agreements exist outside the scope of the Will, questions can emerge about the Will’s legitimacy, potentially sparking disputes among prospective beneficiaries.
If there are no question marks over the validity of the will, you may have three primary avenues for claiming assets from an estate as promised, which are:
Proprietary Estoppel: This route is applicable if you have suffered financial losses due to relying on clear promises from the testator that you would acquiring specific assets.
Inheritance Act: Should you have been financially reliant on the deceased person and their Will inadequately provides for you, you could potentially claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Professional Negligence: If a pre-death agreement is omitted from the Will due to errors made by the Will writer or lawyer, you might have grounds for a claim.
Our team of experts in Will disputes will meticulously assess your situation and recommend the most suitable type of claim for you.
Throughout the process, we will stand by your side, offering guidance and representation, whether we find resolution through mediation or proceed with a legal claim.
Disputes frequently arise in the case of large and intricate estates left behind by high net worth individuals.
If you are looking to challenge a Will was improperly executed or if you believe you were inadequately provided for, don’t hesitate to consult with our expert, Lewis Hastie.
