Wills, Probate and Trusts Disputes

When a loved one dies it is an extremely difficult time. This can be increased if there has not been adequate financial provision made for you. This may be because a Will was not made or the Will does not include you at all or to the full extent of your needs.

If you speak to Taylor Bracewell, we can advise you of the possible claims that you may have from challenging the validity of the Will or a claim for reasonable financial provision.

How to challenge an estate

Prior to dying a loved one may have prepared a Will setting out how they want their estate to be distributed on their death. It could be that despite this you do not consider that the Will has made adequate provision for you.  Or it could be that a Will was not prepared and the distribution of the estate under the rules of intestacy does make provision for you.

Claims of these type are brought under The Inheritance (Provision for Family and Dependants) Act 1975.  On the basis that the estate does not make reasonable financial provision, be it under the contents of the Will or on intestacy.  To bring these claims you will have to show what reasonable financial provision would be for you.  There are very strict time limits in bringing these types of claims and therefore we would suggest that you seek legal advice straight away.

Alternatively, it could be that the deceased prior to their death made a promise to leave something to you in return for you doing something for them (for example offering care).  You could bring a claim seeking that the estate is distributed to honour that promise. 

Ways to challenge a Will

If there was a Will then there are ways that you could also seek to challenge the Will:

• Formation. There are very specific rules as to how a Will should be prepared and signed.  A Will is not valid unless it is signed by the person making the Will and two witnesses.
• Capacity.  You must have testamentary capacity to enter into a Will.  This can be limited for example by Dementia or Alzheimer’s
• Undue Influence.  If the person making the Will has been given false information regarding a potential beneficiary this can influence their opinion and encourage them to make their Will not as they would.  Or they could have been forced to have prepare a Will in a certain way.
• Change in circumstances.  Marriage, civil partnership or divorce may invalidate an otherwise valid Will unless the Will was made with the specific future event in mind and referred to in the Will.

For more advice about Wills, Probate and Trust disputes call our team today on 01302 341414

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