Disputes over Wills and Inheritance are becoming increasingly common in England and Wales. Families are often surprised to discover that they have been left out of a Will, received far less than expected, or that promises made during someone’s lifetime were not reflected in their final testament. In these situations, the law does provide potential remedies. These may include challenging a Will or making an Inheritance claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Understanding which route may apply to your situation is important when bringing a claim.
Challenging the Validity of a Will
A Will is legally valid only if it satisfies certain legal requirements. If these were not met, the Will may be open to challenge.
Common grounds for challenging a will include:
Lack of Testamentary Capacity
The person making the Will must have had the mental capacity to understand:
- The nature and effect of making a Will
- The extent of their estate
- Who might reasonably expect to benefit from their estate
Where someone was suffering from serious illness, dementia, or cognitive decline at the time the Will was made, questions may arise about whether they had the capacity required by law.
Undue Influence
A Will may also be challenged if someone pressured or coerced the deceased into changing their Will.
This can occur where a vulnerable individual is manipulated by a family member, friend, or caregiver who benefits from the Will.
Lack of Knowledge and Approval
Even if a Will was properly signed, it may be invalid if the deceased did not truly understand or approve its contents.
Improper Execution
Strict legal formalities must be followed when signing a Will. If the Will was not signed and witnessed correctly, it may not be legally valid.
If a Will is successfully challenged, an earlier valid Will may take effect, or the estate may be distributed according to the rules of intestacy.
Making an Inheritance Act Claim
Even where a Will is valid, certain people may still be able to make a claim if they have not been provided with reasonable financial provision from the estate.
Under the Inheritance (Provision for Family and Dependants) Act 1975, claims may be brought by:
- Spouses or civil partners
- Former spouses who have not remarried
- Children of the deceased
- Individuals treated as children of the family
- People who were financially dependent on the deceased
The court has the power to redistribute part of the estate if it considers that reasonable financial provision has not been made.
These claims must usually be brought within six months of the grant of probate, making it important to seek legal advice promptly.
Property and Promise-Based Claims
Sometimes disputes arise because someone was promised property or assets during the deceased’s lifetime, but these promises were not reflected in the Will.
These claims typically arise where:
- The deceased promised someone property or assets
- The claimant relied on that promise
- The claimant suffered a detriment as a result
For example, this may occur where someone worked in a family business, cared for a relative, or made life decisions based on an assurance that they would inherit property.
If the court finds that such a promise was relied upon unfairly, it may order that the claimant receive an interest in the property or financial compensation.
Inheritance disputes can be complex and emotionally difficult, particularly where they involve family members. They also involve strict legal deadlines and evidential requirements.
Seeking early legal advice can help clarify whether you may have a claim and what steps to take to protect your position.
If you believe that a Will may be invalid, that you have not been provided for reasonably, or that promises made to you have not been honoured, it may be possible to pursue a legal remedy.
Get in touch with our team today on 0333 004 0272, or book a no-obligation consultation here.
