While it is generally accepted that a person has a right to leave their estate to whomever they choose, it is possible to dispute the validity or contents of a will.
If you feel you’ve not been adequately provided for in someone’s will, you can challenge it after they have passed away.
As the law stands, a will is recognised as valid provided that it complies with the Wills Act 1837 and the person making the will is of sound mind.
However, if it can be proven that the individual at the time of making the will did not understand what they were signing, they lacked mental capacity or that they were unduly influenced by another person, it will in fact be deemed invalid.
There are strict time limits for doing this, and any challenge should be brought within six months of the grant of probate being issued. The grant of probate is a High Court document issued to the Executor after the death to show that he or she is legally authorised to deal with the deceased’s estate and affairs.
If you do not challenge a will’s validity promptly, assets may be distributed before your objections are made known.
Anyone who feels that they have not been adequately provided for can ask the court to make financial provision for them by changing the will. This really only applies to dependents of the deceased, as any self-supporting independent adult would find it very difficult to prove they need financial support.
Disputes over the unfair division of the deceased’s assets are commonplace and claims can be brought against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that “reasonable financial provision” was not made in the will.
During proceedings the court will consider a number of issues including the needs and resources of both the person bringing the claim and the beneficiaries under the will, together with the size and nature of the estate. It is worth noting that the court applies different criteria to spouses than other categories of persons bringing a claim.
Opportunities to challenge a will are quite limited. Provided the person who made the will has complied with the formal requirements of the Wills Act, has made the will of his own free will and had sufficient mental capacity, there is little you can do.
Sometimes problems arise not with the will itself but the way in which the personal representatives or executors deal with the estate. The law gives beneficiaries certain remedies against those personal representatives if they fail to do their job properly.
Many disputes surrounding the administration of the estate can often be resolved by simple correspondence with the personal representatives, while mediation can be offered and is always advisable due to the high costs of attending Court.
Anyone considering a claim against an estate should seek legal advice to see whether they will be able to challenge the will or apply for some kind of financial provision from the courts.
It is also important that any wills made are correctly drafted and free from potential issues to avoid the problems highlighted above and again legal advice should be sought if you think any such problems might occur in the future.