Several times, disputes arise over a will when a family member learns that he has been given less than what he expected or that he has been completely left out of the will.
According to the Law in England & Wales, an individual can leave his estate to anyone in his will. However, the Inheritance (Provision for Family and Dependants) Act 1975 requires that reasonable financial provisions be made to certain individuals who were related to the deceased.
To make a claim against a will under the Inheritance Act, you must be one of the following
- A spouse or civil partner of the deceased
- A former spouse or civil partner of the deceased and you did not remarry
- An unmarried partner who has lived with the deceased for two years before the day of death
- A child of the deceased (Even illegitimate or legally adopted)
- Someone who was financially taken care of by the deceased
Note: If sufficient financial provisions have already been made for individuals who fall into one of the above categories, then they cannot make a claim against the will.
Therefore, if you were a family member of the deceased or financially dependant on the deceased and there was no reasonable financial provision made for you, you can go ahead and challenge the will.
Each case is handled differently depending on the circumstances of the individual involved. The court may consider questions such as these: ‘What is the financial situation of the applicant?’, ‘What is the nature and size of the estate?’, and ‘Did the deceased have any moral obligations toward the applicant?’
Apart from making a claim under the Inheritance Act, you can also challenge a will if you feel that
- You were left out of the will because the will was not properly written and hence, it did not reflect the actual wishes of the deceased or
- The will was made under undue influence by someone who wanted you to be left out of the will
Time limit for the claim
For making a claim under the Inheritance Act, the claim must be made within 6 months of receiving the grant of probate. How can you know if the grant of probate was issued? Simply by applying to the probate registry. If you have run out of time, speak to a solicitor and they can help you learn alternate ways to challenge the will.
How Aristone Solicitors can help
Have you been treated unfairly in a will? Have you been left out of a will? Or has your loved one passed away without making a will? You are most likely entitled to a claim! Call Aristone Solicitors right away – 01582 383 888. We have successfully reclaimed millions in estate value for the beds, herts, and surrounding areas.
Aristone Solicitors can help in making a claim against the will under the Inheritance Act as well as in taking legal action to challenge the validity of the will.