Disputing a Will – what you need to know

The death of a loved one is always a difficult time. The situation can unfortunately be made even more stressful if it is discovered that the deceased’s last Will is not as family and friends may have expected. This is particularly so, if the Will does not reflect the deceased’s wishes as they had previously expressed them.

A disappointed beneficiary may wish to consider challenging the Will.

If you believe your share of a loved one’s Will is insufficient, you can challenge the contents of the Will under certain conditions with the Inheritance (Provision for Family and Dependants) Act of 1975.

This Act grants the court the right to change the deceased person’s Will if it is found that reasonable financial provision has not been made to a close relative or dependant. You should take advice as to whether you fit within the scope of the Act.

Why do Will disputes arise?

1. the Will is invalid
2. the Will does not reflect a promise made by the deceased before their death
3. the Will is forged or obtained by fraud
4. the meaning of the Will is unclear or the Will does not properly record the deceased’s wishes and needs to be rectified (see Will construction disputes)
5. the Will was negligently drafted

These points really highlight the importance of making a Will, having one drafted correctly and updating it when required.

I want to dispute a Will, who is eligible to make a claim?

1. a spouse or civil partner
2. a former spouse or civil partner who has not remarried or registered a new civil partnership
3. a person who was cohabitating with the deceased as ‘husband and wife’ for at least two years prior to their death
4. a child of the deceased
5. a person treated by the deceased as “a child of the family” (for example a fostered or step-child)
6. a person who was being maintained by the deceased.

How can we help?
We can offer support and the resolution you need with our experienced team of specialist solicitors. We also provide 30 minutes of (no obligation) free legal advice.

Contact us for further advice on 01792 468684 or email enquiries@pgmsolicitors.co.uk.