Estate Administration & Probate 

Disputed Identification Of Beneficiaries 

Email this page
close[x]
Email This Page


Send the page: Disputed Identification Of Beneficiaries

SEND TO

Email Address: *    
Name: *    

YOUR DETAILS

Your Email Address: *    
Security Code: * Please enter the code shown   

A Law Firm For Life

Sometimes, it is not made clear exactly who the beneficiary of the will is supposed to be. In these cases, if there is a dispute, recourse to the Court may prove necessary cases. Irwin Mitchell can help guide you through the process.

Experts In Disputes Over The Identification Of Beneficiaries

Inheritance disputes relating to the identity of beneficiaries often arise where there is a gift in a will expressed to leave certain assets "to my children".  Disputes about who is meant by "children" are common.  For example,  no distinction is made in law between legitimate and illegitimate children and adopted children are treated as legitimate from the date of adoption.

A step child is not treated in law as a step parent’s child, unless the step parent has (formally) adopted the child.

Where children are born as a result of fertility treatment or surrogacy, special rules apply.

Identification disputes can also arise where a Will refers to a beneficiary who appears not to exist or where the name is incorrect or ambiguous.

We can advise on any circumstances where a dispute has arisen regarding the identity of a beneficiary and whether they are entitled to a share of the disputed will or estate.

Funding

We will provide a free, no-obligation initial assessment of your claims and will respond to all new enquiries by telephone, email or post within 24 hours.

We are able to offer a full range of funding options, including:

  • 'No Win No Fee' Agreements
  • Discounted Fee Agreements
  • Public Funding (Legal Aid) 
  • Legal Expense insurance (Panel Firm)

We will accept cases on a 'No Win No Fee' basis wherever possible. In appropriate circumstances, we can arrange insurance cover for your case which would give you peace of mind and security.  Such insurance will also protect you from any liability for the fees of the other party and any disbursements incurred by us in the event that you do not win.

Working With Irwin Mitchell

Irwin Mitchell is one of the UK's most successful and respected law firms. Offering expert legal guidance for individual clients, we are also the law firm of choice for many financial institutions in providing legal services to their customers.

We provide clear, straightforward advice and a professional, proactive service. When needed, we will fight fearlessly to protect your interests and those of your loved ones.

Many legal needs can be met as they arise or be planned for in advance. Others are harder to anticipate. Whatever the circumstances, our commitment to our clients is simple - a law firm for life.

Further Information About Our Disputed Identification Of Beneficiaries Services

For an initial discussion, with no obligation, please call 0870 1500 100, send us an online enquiry.



101 Year Old's Wishes Successfully Carried Out

Our client was a lady aged 101. She was a widow with no children, and suffered from hearing loss. Currently residing in residential care, she was unable to visit the offices, and therefore a home visit was arranged.

It was apparent from the initial meeting that the Will was not going to be straightforward. Our client was very conscious of all the people she felt should benefit under her Will. However, she was unable to decide what proportion each beneficiary should get as she wished to be fair and consider the requirements of each beneficiary at the time she died, rather than at the time the Will was drafted.

She had, therefore, decided that she wanted to leave everything to her nephews so that they could decide how to apportion the estate upon her death.

The issues surrounding making outright gifts to people were explained to the client, and she was advised that an option available to her was to consider putting her estate into a trust.

Under a trust she would be able to write a letter of wishes to the Trustees, and she could update this as and when required as circumstances altered. This would avoid several potential issues that would have occurred in the event that the estate was given to her nephews absolutely, for them to follow her wishes.

The client died shortly after the Will was executed. She was in constant communication with her nephews up until the date of her death, and they knew exactly what was required with regards to the distribution of the trust, with the assistance of Irwin Mitchell.

Unfortunately, one of the nephews also died prior to the estate being finalised. In the event that he had received half of his aunt's estate absolutely, as the client initially wished, his share would have fallen under the terms of his Will following his death, and would not been distributed in accordance with our clients wishes.

Name Location Job Title Telephone
Adam Draper Sheffield Partner 0114 274 4963
Louise Sykes Sheffield Partner 0114 2744379
Karen Causier Sheffield Associate 0114 274 4654
Chris Walton Sheffield Solicitor 0114 274 4976
Katie Winslow Sheffield Other Legal Expert 0114 274 4216
Rebecca Forder Sheffield Legal Executive 0114 274 4290

   

Awards, Accreditations and Certifications

Investors In People   Corporate Law Firm Of The Year Endless LLP St Nick Awards Winner 2009 Action Against Medical Accidents - Clinical Negligence SpecialistsYorkshire Lawyer Awards Winner 2009Stonewall 2012Stonewall Star Performer 2012Corporate Responsibility Index Top 100Rehabilitation First Awards 2011 The Law Society Personal Injury Accreditation The Law Society Clinical Negligence Accreditation ISO 9001:2008 AccreditationISO SGS 27001 AccreditationSGS ISO 14001 with UKAS A conformance icon, W3C-WAI Web Content Accessibility Guidelines 1.0Headway Solicitors Directory Logo 2012