Will Disputes – What if you’ve been left out..?

Losing a loved one is always an upsetting time.  That upset is only heightened if you later discover that you have been left out of their Will, or in some way under-recognised.

There are options open to you if you wish to contest a Will, thanks to the “Inheritance (Provision for Family and Dependents) Act 1975” (The 1975 Act). The Act allows people to bring a claim against the estate in certain circumstances, when they feel that “reasonable financial provision” has not been made for them.

The Court will then evaluate where such provision has been made for you, and if not, what provision needs to be in place for you. In order to make a successful claim, you will need to demonstrate to the Court that you had a reasonable expectation of having your living costs met by the deceased.

All sorts of factors will be taken into account by the Court, such as your financial position and needs (both now and in the future), the size of the estate, and even your conduct towards and relationship with the deceased.

There are a number of different circumstances where someone may wish to challenge a Will, for example a former spouse or a child of the deceased, or simply someone who was financially dependent on the deceased before they passed away.

There is a time limit on making a claim though – it must be issued at Court within six months of the date of the Grant of Probate.

The Court has the power to step in and revise the way that the estate has been divided – this may mean you receiving a lump sum or even the entitlement to a regular payment from the net estate of the deceased.

The issue has enjoyed a lot of press coverage in recent years, primarily down to a case where a mother left her £486,000 estate to three charities, leaving out her estranged daughter entirely.

While the daughter succeeded in challenging her mother’s Will – initially winning a six-figure settlement, numerous challenges were made by the charities, and counter challenges by the daughter – over an extensive 9 year period, and the initial settlement has now been overturned by the Supreme Court.

The 1975 Act opens up the possibility of challenging a Will if you believe you have been unfairly left out, though it is important to get legal advice first.  You will need to prove that you could rightfully have expected some sort of contribution, or greater contribution, from the deceased – and just being ‘closely related’ is not proof enough.

Likewise, if you are looking to draft your Will and are intending to exclude a close family member – or to distribute your estate in unequal shares, you need to take advice from an experienced estate planner, to ensure you do not open up the door to a successful Will challenge after your death by someone you did not wish to benefit.

Heir Tight Wills helps clients put in place robust provisions and valid documents, to protect their loved ones and their assets both during their lifetime and after their death.  For a FREE Consultation to discuss writing or updating your Will & estate planning provisions, contact Rachael Rodgers on 0845 519 7585, or CONTACT US  via email.