What happens if I want to dispute a Will?

It should be a simple process: making a Will so your loved ones are looked after as you’d like. But we are all living longer, often at increased risk of dementia. The fabric of family life has become more complex, with divorce and blended families commonplace. So it’s perhaps not surprising that disputes involving Wills prevail.

Grounds for Challenging a Will

The majority of claims tend to arise from the following issues:

where a Will is not made;
making a promise which is not kept;
Incapacity of the deceased at the time of making the Will;
Forged Wills;
Undue influence;
Second marriages;
Poorly prepared Wills so insufficient provisions are made;
Estranged family being omitted from the Will;
The Deceased did not update their Will.

Inheritance Act Claims

There are several other ways to contest the validity of a Will, including but not limited to claims covered by the Inheritance (Provision for Family and Dependants) Act 1975 which allows for the challenge of valid wills. The Act allows certain people to claim ‘reasonable financial provision’.

Reasonable Financial Provision

If you’ve been left without sufficient money to live following the death of a loved one, there is a particular type of claim that can be brought. This is known as a claim for ‘reasonable financial provision’. However, to be eligible to claim, you must fall into one of the following categories:

Spouse or civil partner of the deceased;
A former civil partner or spouse of the deceased who has never remarried or entered into a new civil partnership;
A person who lived with the deceased in the same household for at least two years before they died as the husband or wife or as the civil partner;
The Deceased’s children;
a person (not being a child of the deceased) who was treated by the deceased as a child of the family adopted, fostered or step-children;
a person who immediately before the death of the deceased was maintained, either wholly or partly, by the deceased

While you can claim your living costs to be reasonably met, you can’t claim because you believe the Will is unfair or you’ve not been left what you expected.

Timing is Important

Contesting a Will is complex and time-consuming, and costly, so it’s essential to understand what you need to do.

For starters, the sooner you act after the death, the better. Specific time limits exist on contesting a Will, depending on your claim’s circumstances and grounds. In all cases, it is best to seek legal advice immediately.

You may lose your right to make a claim if you do nothing. So it is essential to seek legal advice as soon as possible, as even leaving it until four months after the grant could be too late. In other cases, there are lengthy time limits.

Costs

This kind of litigation can be more expensive because of the work and investigation involved. It isn’t easy to apply an average cost as each case is unique. Usually, the losing party will be expected to pay some of the costs. Don’t assume that the estate will meet the cost of making an inheritance claim, as this is often untrue.

We’re Here to Help

Complications regarding disputing wills after death are only likely to increase, so it is essential to understand your options and the processes to get the right outcome. Consider things carefully and consult a lawyer specialising in this area before embarking on this litigation.

For more information or support, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.