Disputed Wills

What if someone feels that they have been unfairly left out of the Will of a person who has died?

A disappointed beneficiary may wish to consider whether there are any grounds for challenging what may otherwise appear to be a valid Will if there is reason to believe the person who made it would not have fully understood what they were doing at the time or if he or she may have been unduly influenced by someone else. It is important to seek expert advice to establish whether such a challenge is likely to succeed. It is also possible to put a block on ‘probate’ whilst the validity of the Will is looked at. This is known as ‘caveat’.

What if the Will is probably valid but seems unfair?

A disappointed beneficiary may be able to make a claim on the estate notwithstanding the terms of the Will. In particular, a surviving spouse, a registered civil partner or a long term co-habitee may have a claim to more reasonable provision than allowed for in the Will. Other disappointed beneficiaries need to show that the deceased should have made provision to maintain them (usually on the basis that they were financially dependent on the deceased prior to his or her death).

Anyone who believes they have such a claim should seek expert advice as soon as possible as there are time limits for taking formal action after which the potential claim may be lost.

What if there is no Will and the way in which the intestacy rules apply seem unfair in the circumstances?

A disappointed beneficiary may be able to make a claim on the estate notwithstanding the way in which the rules of intestacy would normally operate. In particular, a surviving spouse, a registered civil partner or a long term co-habitee may have a claim to more reasonable provision than allowed for under those rules. Other disappointed beneficiaries generally need to show that the deceased had a duty to maintain them (usually on the basis that they were financially dependent on the deceased prior to his or her death).

Anyone who believes they have such a claim should seek expert advice as soon as possible as there are time limits for taking formal action after which the potential claim may be lost.

What if the person who had died previously gave away a substantial asset which leaves less in the estate for other beneficiaries?

There may in some cases be grounds for disappointed beneficiaries to challenge a lifetime gift for example if there were no good reasons for the making of the gift and the person doing the giving was not independently advised at the time. The law in this area is complex and a disappointed beneficiary or someone who received a lifetime gift from the deceased and is concerned about this issue should seek expert advice as soon as possible.

N.B. This is intended as a brief guide to issues relevant for beneficiaries and is no substitute for tailored advice on the particular facts. If you are unsure as to your legal rights or responsibilities in connection with a particular matter then you should take specific advice from a legal professional. Please contact us and we can discuss how we can help you.