After the kids had gone to bed I found myself resorting to the modern-day babysitter, Netflix, and rewatched Rain Man. You may remember the 1998 film.
Rain Man follows Tom Cruise as Charlie Babbitt, a wheeler-dealer who develops an interest in his estranged brother when he learns of his dad’s passing.
At the Will reading, Charlie finds that he has been left a classic American car whilst a multi-million dollar fortune has gone to Charlie’s older autistic brother Raymond; played by Dustin Hoffman.
Aggrieved by this, Charlie takes action and what unfolds amounts to a Will or Inheritance dispute. Now, while Hollywood films are often far from real, Will disputes do happen in real life and can be extremely stressful.
Why do inheritance disputes happen?
With new families coming together through remarriage, sadly more and more people are falling out over the estates of their loved ones. It’s generally not very Hollywood, it is often distressing for all.
There are four key triggers that lead to Will disputes:
- When a person passes away without having made a Will (known as dying intestate), or with an out of date Will
- When families become estranged and separated
- Where there are concerns about whether someone was of ‘sound mind’ when they made their Will
- When there are concerns about a person being pressured into making or changing their Will
These scenarios and the emotions behind them are likely to be amplified in the current crisis where a lack of face to face contact hinders reconciliation.
Who can dispute a Will?
The law in England and Wales states that an individual can leave their estate to whom they wish. However, the law also protects certain categories of people connected to the deceased and considers whether reasonable financial provision has been made for them.
If our list below describes you, you may have a claim, are you;
- The spouse or civil partner of the deceased
- A former spouse or civil partner who has not remarried
- An unmarried partner of the deceased who lived with them as husband or wife for a period of two years before the date of death
- A child of the deceased, including illegitimate or legally adopted children
- A person who was treated by the deceased as a child of the family
- A person who was financially maintained by the deceased
If you sit in one of these categories you may be entitled to contest a Will, like Charlie Babbitt from Rain Man would’ve been, as a child of the deceased.
It’s vital to know that there is a strict time limit of 6 months from the grant of probate (or grant of letters of administration when there is no Will) to launch a claim. So, it’s important to seek support as soon as possible. If you want to know where you stand with contesting a Will after probate, you should get in touch.
Getting help with Will disputes
Inheritance disputes can be a difficult and heated matter. Both making a claim and resisting a claim are complicated procedures. When it comes to it, you may find that you need some help and a pragmatic approach to promoting your interests.
If you’ve got any questions, you can call us on 0151 282 1700.
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