The IDRN brings together everything IDR has to offer

 

Contentious probate is a niche area of the law and we believe education and knowledge in this space is essential.

Inheritance disputes are rising with one in three now relying on one to fund retirement or pay off debt.

Since the launch of IDR in 2017 we have studied the inheritance dispute patterns and trends from over 3000 enquiries and we want to share that unparalleled experience with you.

‘As our referral network grew, we could see that we needed to make everything we had to offer available all of the time. The IDRN provides all of that direct help in one space.’ 

Martin Holdsworth, Founder

 

 

‘I really like the monthly IDRN e-newsletter, IDRNews. I read it on my lunch breaks, it counts as part of my professional development.’

Sarah Babajee, Personal Estate Manger, Kings Court Trust

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Probate Administration & Will Writers

Many estates and wills that are dealt with are non-contentious, therefore no claim has been made and there is no challenge facing the process.

However, with what we have seen in the rise of these types of disputes they can come along and when they do the issue facing you and your client can seem like a bit of a minefield.

Dealing with these matters daily means we understand the complexity they can bring, which can add unnecessary pressure when administering an estate.

By combining our technical ability with a pragmatic and caring approach we can help reduce that pressure.

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Supporting you and your clients

As contentious probate lawyers we see things from a different perspective and are often asked to provide bespoke training to our external contacts and referrers.

Whilst many non-contentious services are provided without issue, it can be difficult to navigate requests for information after a Will is disputed, or to manage the administration of an estate in the face of a potential challenge.

We can offer support on how to be prepared for such obstacles and how to approach matters so that they do not arise in the first place.

At a glance

Collaborative working

Tailored training

Genuine reciprocity

Recommended reading from the IDRN

There are a number of issues that may arise in relation to trusts and their operation as well as their management.
Here are some examples of problematic situations that arise with trusts:

1. Issues with trustees

There are a number of circumstances that may arise which may raise concerns for the beneficiaries as to the
management and operation of the trust. These concerns may include conflicts of interest, bias, poor management, lack of
communication, or personal gain from a position of power.
Please see our factsheet on removal of trustees and trustees duties, powers, and responsibilities for a more in-depth insight
into the kind of issues that may arise in this context.

It may also be the case that an appointed trustee has either passed away, lost capacity or wishes to step down and an
additional trustee is now required. The process for dealing with this is less complex but onerous nonetheless.

2. Breach of trust

This may arise where the trustee has failed to correctly follow the terms of the trust document which has resulted in an
undesirable or wrongful outcome for one of or all beneficiaries or the assets…

 

Register today, to download the FULL factsheet for keeps.

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Unfortunately, inheritance related disputes are common in modern society. Changing family structures mixed with
an increase in personal wealth within the older generations, and an increased cost of living, have meant more
people are looking to rely on an inheritance for their retirement.

This fact sheet has been created to guide you through the process if you are an Executor or Personal
Representative and someone has said they want to make a claim.

How do I know they have a claim and they aren’t just chancing their luck?

There are a number of ways to legally challenge a Will or bring a claim against an Estate. The following is a nonexhaustive list:

– The Will was incorrectly signed;
– The deceased person did not know or approve of the content of their Will;
– The deceased was put under extreme pressure (more that just mere persuasion) to change or make a Will;

 

Register today, to download the FULL factsheet for keeps.

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In accordance with Section 1(1)(b) of the 1975 Act, former spouses and civil partners are able to bring a claim against
the deceased’s estate, provided they have not remarried or entered into a further civil partnership.

What is a Former Spouse?

A former spouse is defined as a person who had been married to the deceased but subsequently ended that marriage
by divorce (by way of a decree absolute being issued) or annulment during the deceased’s lifetime.

What is a Former Civil Partner?

A former civil partner is defined as a person who had entered into a civil partnership with the deceased but
subsequently ended that civil partnership on dissolution or annulment during the deceased’s lifetime.
The full definition for both former spouses and former civil partners is contained in section 25(1) of the 1975 Act.

Can anyone who is a former Spouse or Civil Partner claim?

The short answer is no.

There are a number of factors that need to be considered to establish whether a former spouse or civil partner can
bring a claim. In particular:

– Have they remarried or entered into a new civil partnership?
– Did the parties resolve their finances on divorce, dissolution or annulment in such a way that prevented any claim
under the 1975 Act?

If the answer to the first question is yes, the person will be unable to bring a claim as a former spouse or civil partner.
They may, however, be able to bring a claim under another heading (such as being maintained by the deceased’),
depending on the circumstances…

 

Register today, to download the FULL factsheet for keeps.

Register now

Explore all of the IDRN by registering your free account today, it takes just a minute.

What will you find in the IDRN?

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The Triage area

Our triage area covers the most commonly occurring contentious situations we see at IDR Law. This space provides you with everything you can possibly need to know if one of these cases lands on your desk.

For each query we provide the content and support.

  • Overview of the situation
  • Dedicated factsheets to pass to clients
  • Relevant case studies/commentaries and FAQs
  • Who to talk to at IDR
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The knowledgebase

A  content hub for anyone working in wills and probate, structured perfectly to find the information you need.

Full of FAQs, factsheets, case studies, commentaries and training material designed to assist you when it comes to dealing with contentious matters, professional development, or for non-contentious browsing.

Detailing pretty much everything from general content on estate administration to factsheets on individual claims under the 1975 Act, will dispute case studies, burial dispute commentary and much more.

‘I’d really recommend checking out the IDRN. It’s free to register and some great content covering contentious wills and probate, and also things like burial disputes. Super easy to navigate and I particularly like the factsheets. Lots of useful information and insights – well worth a look! ‘

Laura Bowden, Senior Solicitor Farewill