What if I disagree with how an estate is being distributed?

If you disagree with how an estate is being distributed, and your dispute is valid, there are formal legal steps you can take to find a resolution. 

Finding yourself in this position can be incredibly frustrating, particularly if your inheritance is going to open doors you’ve only dreamed of.

At Provira, we believe there’s no reason why waiting on an inheritance should stand in the way of your future.

Our Inheritance Advance offers beneficiaries a simple way forward. With our loan, you can access up to 50% of your inheritance within days, with no credit checks, personal collateral or monthly repayments and we only charge simple interest, not compound interest.

To find out whether this is the loan for you, fill out our form and a member of our compassionate team will reach out to discuss your options.

What do I do if I disagree with how an estate is being distributed?

If you disagree with how an estate is being distributed, there is a clear legal process that you can follow. 

1. Contact the executor

The first port of call is to let the executor know you are not happy. This is needed to kick off the dispute process and it makes sure everyone knows what’s coming next.

2. Request to see the will

Many beneficiaries don’t realise they are allowed to see the will and receive all information surrounding the estate, including inventory. Doing this can provide reassurance or clarity.

3. Lodge a caveat

This essentially puts a legal block on all administration and applications for probate. It lasts for six months and can be extended beyond this. 

4. Seek specific legal support

There are specialist contentious probate solicitors whose main focus is settling legal disputes which come from estates and can offer the expertise required.

Going ahead with these steps significantly delays when a beneficiary receives their inheritance. It can extend the wait time by anywhere from a few months to a few years. 

As our Inheritance Advance can be applied for at any point in the process, and it can be used for anything, it gives beneficiaries the chance to take a step towards their future and focus on more important things. 

Reach out to our team today to see how we can support you.

Does an estate have to be divided equally?

No, an estate does not have to be divided equally.

When planning an estate, it can be divided in any way that a testator – the person who is making the will – wishes.

In cases where there is no will, intestacy rules state that spouses receive up to £322,000 plus half of anything remaining, while any children inherit the other half. If there are multiple children it is divided equally.

Can you contest a will after assets have been distributed?

While you definitely can, it’s much more difficult than if you contested it before probate has completed. It could even prove to be impossible as beneficiaries may have already spent their inheritance. 

This is why executors allow an initial period of time to pass – often six months – to allow for any claims. There is also law under the Inheritance Act 1975 that requires any will contests to be made within six months of the grant of probate.

If you’re caught up in a will dispute and need to access your inheritance sooner, our Inheritance Advance could be the answer you’re looking for.

Giving you access to up to 50% of your inheritance within days, it offers a simple solution to an otherwise confusing and emotional process through:

• Only charging simple interest, not compound interest
• Not requiring monthly repayments. The loan is repaid in full once the estate has been settled
• No early repayment fees
• No credit checks or personal collateral
• A dedicated member of our team to guide you through the process

For more information, explore our Inheritance Advance here.

What are common beneficiary mistakes?

Fundamentally, they all revolve around not taking action. As a beneficiary who disagrees with how an estate is being distributed, issues usually stem from not knowing what you can and can’t do.

The most common mistakes are:

• Not challenging how an estate is being distributed within the 6-month deadline
• Challenging how an estate is being distributed without any legal standing
• Not knowing a beneficiary is allowed to see the will and any information related to the estate
• Not lodging a caveat to pause administration
• Not hiring legal support
• Assuming certain facts about the will, such as unequal distribution, makes it invalid

It’s important to note that a lot of these mistakes can be avoided if you seek the right legal support.

What are the grounds to contest a will in the UK?

Valid grounds to contest a will in the UK can be based on many things, from the validity of the will and how an executor handles the estate, to any belief that there’s been fraud or forgery.

Let’s walk through them.

Validity of the will

The actions required to make sure a will is valid is not excessive, but the process must be done correctly to ensure it can be upheld. If there is any question of any of the legal requirements surrounding writing a will, it can be contested.

Executor misconduct

As executors have a responsibility to always act in the best interest of the estate, misconduct can be classified as wasting assets, unjustified delays, absence, conflicts of interest, avoiding professional advice or theft.

No financial provision for dependents

Specific people linked to the deceased are able to make a claim from the estate, even if they are not named in the will. This includes spouses (current and former), children, someone who was treated as a child and anyone financially dependent on the deceased.

Fraud or forgery

This is based on suspicions about validity of documents, in particular whether the will is final and whether the contents is legitimate. There is also what’s called ‘Proprietary Estoppel’ which is a technical term for a broken promise, where a person can claim they were promised an asset but it has not been laid out in the will. This typically applies to property.

How can Provira help?

Being a beneficiary that disagrees with how an estate is being distributed is not uncommon. 

As we’ve discussed, there are many opportunities for claims to be made. This unfortunately means there are also many opportunities for delays to receiving your inheritance.

This is why our Inheritance Advance offers beneficiaries a straightforward path to keep moving towards their future. 

Our Inheritance Advance offers: 

• Access to up to 50% of your inheritance, within days
• A simple process with no credit checks, or personal collateral 
• Simple interest charges, not compound interest
• Zero monthly repayments. This is paid in full by the estate once funds are released
• A dedicated compassionate member of our team to guide you through the process.

If you’re waiting on an inheritance and feeling stuck, reach out to our team today. 

We’re here to help.