Wills can be contested by anyone having an interest therein on account of mistake, uncertainty, duress and fraud but the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) permits the following people to mount a challenge if they are of the view that the deceased’s will does not make adequate provision for them:
- The spouse or civil partner of the deceased
- A former spouse or civil partner of the deceased
- A child of the deceased
- A person treated as a child of the deceased
- A person who was maintained by the deceased
- A person who cohabited with the deceased for the two years before death
People owed money by the deceased can ask the executors for payment. Anyone promised something by the deceased will have to provide evidence of this.
