It is sometimes the case that a parent’s Will can be a shock, and you do not inherit what you thought you would, or you are not left sufficient funds to meet your reasonable needs. If you find yourself in this situation, it can be emotionally devastating, as well as stressful.
We look at how to contest a parent’s Will and what rights you have to financial support.
Summary
This article includes:
- Who can contest a Will in the UK?
- Can I contest a parent’s Will?
- How to challenge a Will
- Inheritance Act claims for adult children
- Time limit for contesting a Will
- Possible outcomes when contesting a Will
Who Can Contest a Will in the UK?
While people have the right to leave their estate to whomever they want, if there are concerns over the Will or someone supported by the deceased has not been provided for, then it may be possible to make a claim. It is not enough to simply feel that your treatment has been unfair; to make a claim, we will need to show that you should have financial support from your parents’ estate or that there is a question mark over the validity of the Will.
Anyone with an interest in an estate can contest a Will. This can include the children of the deceased, as well as a spouse, and anyone who was being financially supported by the deceased in the period right before their death.
If someone was left a gift in an earlier Will, but is not mentioned in the most recent document, they could also make a claim if they have a valid reason or concerns over the Will.
Can I Contest a Parent’s Will?
There are several potential grounds for contesting a parent’s Will, including:
- It was not correctly drafted or executed
- The person who signed the Will, known as the testator, did not have sufficient mental capacity to understand what they were signing, known as a lack of testamentary capacity.
- The testator did not have full knowledge and approval of the contents of the Will.
- The testator was unduly influenced or coerced into signing the Will; undue influence in a Will can be exerted by someone close to the testator, such as a relative or carer.
- The Will was forged, or fraud was involved.
- The Will does not make adequate provision for a close relative or dependant of the testator.
How to Challenge a Will
It is important to seek legal advice early on to ensure that deadlines for bringing legal action are not missed.
If you wish to challenge a Will, we will work with you to put together evidence of valid grounds for your challenge. This could include witness statements from those around the testator who understood their state of mind, medical records, and the papers from the solicitor who drafted the Will.
We always aim to deal with Will disputes out of court wherever possible. We can negotiate with the executors to see if they are prepared to agree on a settlement. Where necessary, we can prepare a robust case for court.
Inheritance Act Claims for Adult Children
If you have not been left an inheritance by a parent, or you have been left less than you reasonably need to support yourself, you can consider contesting a Will on financial grounds under the Inheritance (Provision for Family and Dependants) Act 1975, known as an Inheritance Act claim.
This allows the following individuals to claim a deceased’s estate:
- A spouse or civil partner of the deceased
- A former spouse or civil partner
- A child of the deceased
- A cohabiting partner who lived with the deceased for at least two years immediately before their death
- Anyone who was being financially supported by the deceased at the time of their death
As a child of the deceased, you would be entitled to reasonable financial support from their estate if your claim is successful. This is considered to be more than mere subsistence, but not so much as to provide a life of luxury.
This is the level of provision available for all successful applicants except for a spouse or civil partner, who would be entitled to the same amount that they would have received in a divorce, if their claim succeeds.
Time Limit for Contesting a Will
There is a time limit of six months from the date of the Grant of Probate or Grant of Letters of Administration in which to start an Inheritance Act claim. If you miss this deadline, contact us now, and we can discuss the possibility of asking the court for permission to claim out of time.
For any Wills case, you are strongly advised to take action as soon as possible. It is particularly helpful to act before the executor or administrator starts to distribute the estate, and even better to begin a claim before the probate application is made.
The sooner we are able to start building a case, the easier it will be to obtain the evidence we will need in support.
Speak to us today, and we can advise you of the best course of action. Where necessary, we can lodge a caveat with the Probate Registry, which will temporarily prevent a grant from being issued while legal matters are resolved.
Possible Outcomes When Contesting a Will
It is usually preferable to reach a settlement with the executors and other beneficiaries. This is generally much faster than litigation, as well as being more cost-effective. It can also prevent family relationships from deteriorating.
If your case reaches court, the options open to the judge include declaring a Will invalid, so that an earlier version takes effect. If there is no earlier Will in existence, then the estate will pass under the Rules of Intestacy.
If you make a successful Inheritance Act claim, the court will award you a sum it believes to be a reasonable financial provision.
Contact Our Contentious Probate Solicitors.
If you are considering challenging a parent’s Will, we can advise you of the strength of your position and the best course of action.
For information on Wills disputes in the UK and our related services, see our Wills, trusts and probate page.
To speak to one of our expert Wills solicitors, ring us on 0330 173 3980, email us at info@witansolicitors.co.ukor fill in our contact form, and we will talk through your situation with you and discuss how we can assist.
