Challenging a Will

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Can a Will be challenged? There is an Act of Parliament known as the Inheritance (Provision for Family and Dependants) Act 1975. Some changes were made to it by a later Act of Parliament (passed in 1995) and the net effect of these two acts is as follows:

If you are an eligible applicant (see below) and the deceased did not make reasonable financial provision for you, then you can make a claim through the courts, requesting that the division of the estate be altered. There may have been a Will, or an intestacy and a claim can be made in either case.

Eligible Applicants:

Spouse
Former Spouse who has not already re-married
Co-habitee (i.e. anyone who for a period of two years immediately preceding the date of death was living in the same household as the deceased as husband and wife)
Children
Any person treated by the deceased as a child of the family
Any other person who was being maintained in whole or part by the deceased immediately before the date of death (Provision for Family and Dependents) Act 1975 (see above).

Other issues:

The claim must be commenced within 6 months of the date of the grant of probate
The court will consider the financial resources of the person claiming against the estate, other sources of income and capital, the moral obligations that would/should have been on the deceased, the value of the estate (i.e. how much money is really available for redistribution), any physical/mental disability of the claimant and any other factors deemed to be relevant
The definition of “reasonable financial provision” is slightly different for a surviving spouse. They would be entitled to expect a higher level of financial support than other categories of claimant and the court would interpret the definition of “reasonable” more generously in favour of such a claimant

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Lee Pashen - Director / Solicitor

T: 0345 241 3100

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