Disputing a Will

Will disputes fall into 3 broad categories –

1. A claim that a Will is invalid.
2. A claim by a family member, or dependent, that he or she has been unfairly excluded from the Will, or left an inadequate amount. This is called an “Inheritance Act Claim”.
3. A promise made to leave a bequest, which has not been honoured in the Will.

An Invalid Will Claim

A will is invalid if:

• the Testator’s signature was forged,
• it was not correctly witnessed,
• the deceased lacked the necessary mental capacity at the time he gave instructions for the Will,
• the deceased did not fully understand or approve the contents of the Will,
• the deceased was subjected to duress or undue influence to make the Will.
  
  

An Inheritance Act Claim

A spouse is entitled to be left sufficient provision in the Will of the pre-deceasing spouse.

This rule applies even if the couple were separated at the time of death – but will not apply after divorce proceedings have been concluded.

It is often said that a spouse is entitled to claim what he/she would have been awarded in a divorce settlement: this isn’t accurate – often, the entitlement will be greater – but, it is a good starting point.

Children, including step-children in full-time education may be entitled to claim sufficient to maintain them until their education is complete.

Adult children, and step-children, will find it difficult to make a successful claim unless they can show either:

• that, because of ill-health or other unfortunate life circumstances, they cannot provide financially for themselves and their family, or
  
  
• that the parent had financially maintained them, wholly or in part, prior to death.
  
  
• Financial dependents – even if you are not related to the deceased, if he or she was financially maintaining you – whether wholly or in part – you may be able to make a claim on the Estate.
  
  

Promises

Generally, a bare promise to leave you property or a sum of money will not be sufficient to make a successful claim.

However, in some circumstances – very broadly when you have given the deceased something significant in return (it doesn’t have to be tangible – for example, providing care would count) such a promise may be enforceable.

In Conclusion

Disputed Will claims are a highly specialised area requiring expert investigation and evaluation. The Law is complex and, often, claims are made more difficult because of fraught family relationships.

With our in-house expertise and tactical skills, we have a high success rate in this field and, in many cases, will offer a “no win no fee” arrangement to enable a claim to be made.

Talk to us free of charge for some preliminary guidance.