Sometimes people feel that someone close to them may have:
- been put under pressure to make a will
- made a will against his or her wishes i.e. undue influence has been applied
- lacked mental capacity to make a will
- made no provision for a close member of the family or a dependent when they should have (such as an unmarried partner, spouse or young child).
What can you do if there is a dispute?
This all depends on the circumstances of your case and what provision has been made in the relevant legislation. It is up to the court to decide if reasonable financial provision has been made for you. You need to have professional advice on the merits of your claim and its likelihood of success.
The Inheritance (Provision for Family and Dependants) Act 1975 may apply to claims to the court for a share in someone’s estate. It will need to be established within 6 months of the date of the Grant of Representation that one of the following applies:
- you were married to the deceased (but if you divorced under a clean break order you cannot apply); or
- you were an unmarried partner of the deceased and lived with him or her for more than 2 years (from December 2005 this rule will apply to same sex couples);or
- you were a child of the deceased or treated as a child of the family; or
- you were a dependant of the deceased, for example, if the deceased was paying maintenance to you.
We can help
Wright Hassall has an experienced team of litigators, including some who are members of the Association of Contentious Trust and Probate Specialists. We can advise you on a disputed estate or will (or on an intestacy if a close member of the family has died without having made a will).
