Inheritance claims against charities
Has a charity inherited from a Will in place of you?
Do you believe that a gift to a charity in a Will is unfair and that you should have inherited?
Sometimes charities inherit money from a Will which is unfair to other people; usually family members. This can lead to great hardship for those concerned and often is not the intended result of the Will maker. This can be due to the Will maker not taking proper advice when he/she made the Will or that the Will was made a long time ago and circumstances have changed. Maybe the Will maker now has children and did not have any at the time the Will was made or an individual who might have inherited under the Will has had a change of circumstances so their financial position is worse than when the Will was made.
Are you one of these people?
We have helped individuals recover millions of pounds from estates where the law has recognised they should have inherited from a Will. We use the Inheritance Act 1975 to do this (or to give it its full title the Inheritance (Provision for Family and Dependants) Act 1975)). This enables someone who has been left out of a Will to make a claim to put things right and inherit properly from the Will maker’s estate. It also includes situations where there may have been some money left to you but you should have received more from the estate.
It is vital to note that you have to apply within 6 months of the date of the Grant of Probate or Grant of Representation; apart from a few unusual exceptions. This means more than writing a letter of complaint - it has to be actually issuing Court proceedings within the 6 month period.
If you are in any doubt about this time limit we urge you to call us as soon as possible on our telephone number 0333 344 5012 for FREE initial advice.
People we have helped:
Animal lovers who failed to take account of the cost of living
Our client and her late husband were keen animal lovers. They had no children and wanted everything to go animal charities after their deaths. Early in their marriage they made Wills leaving part of the estate to the other and the rest to charity. After the death of the surviving spouse everything left went to the same charities. Years passed and the Wills were forgotten about. Our client’s husband died unexpectedly. In the meantime the couple’s finances had changed dramatically for the worse. The result was that our client was left almost penniless apart from the house they had lived in. We successfully obtained a readjustment of her husband’s estate to give our client enough money for a modest but comfortable retirement. On her death the animal charities will then inherit as they both wished all along.
Care fee problems lead to unfairness
Our client and his wife were well into retirement and our client was in very poor health. It seemed likely he would have to go into a residential care home in the near future as his wife was becoming unable to care for him. The couple decided without any advice to transfer all of the husband’s assets to his wife. Based on the husband’s poor state of health it was expected he would predecease his wife. His wife then passed away unexpectedly with her estate passing to her children. This was a second marriage and relations between our client and his stepchildren were not good. We were able to get a redistribution of our client’s late wife’s estate with assets and money passing on to the stepchildren after his death.
What our clients say:
"Many thanks for your help" - Mrs W
"Many thanks for the good work you have done for us over the years" - Mr H
"I appreciate your help" – Mr R
For further information on how we can help you call our Managing Partner, Hugh Davey or Consultant Solicitor Tracey Ashford on 0333 344 5012 or out of office hours on 07914 897137. Or view our enquiries page.