Disputing a Will
Disputing A Will in The UK
Unfortunately some people feel that they are left with no option but to go about disputing a will of a loved one or friend. This can a hard decision to make, as it can be both an emotionally costly and financially costly exercise.
Not everyone has an automatic right to contest a will, you must have adequate grounds for disputing a will or last will and testament.
It is important if you are considering disputing a will that you do this in a timely fashion and for some type of disputes there are strict time limits. This is particularly the case if attempting to lodge a dispute under the “Inheritance Act of 1975″ where a strict six month limit applies.
One of the most common reasons for contesting or disputing a Will is, that someone feels they have not adequately been provided for in the deceased Will.
This type of claim is known as, “a claim under the inheritance act of 1975”. and is usually made for “adequate financial provision”.
If you think you may have grounds for a claim under this act, the first thing to do is see if you are eligible to make a claim.
To make a claim you must have been wholly or partially dependent on the deceased immediately prior to their death.
Or be the spouse of the deceased, alternatively previous spouses that have not remarried may be able to make a claim.
Any person who was treated as a parented child by marriage could also make a claim,
If you are unsure if you fit into one of these categories please call us on 0845-475-7141 as we offer free initial advice and guidance.
The second test is, has adequate provision been made?
This is a more difficult one to define as the law only gives guidance as to what “adequate provision is”. Often when wills are challenged under these grounds it is up to a judge to decide if adequate provision has been made. Broadly when it comes to married couple the same type of provision is made as would have been made under a UK divorce settlement, but this is not always the case.
How Long Do You Get to Dispute a Will.
The general rule of thumb is, always lodge the dispute as soon as possible, as mentioned above for some type of claim a six month time limit applies from the grant of administartion. Rather than leave it too late get professional advice straight away.