Who can challenge a Will?

The rules around Challenging a Will are complicated and allow many different people to make the challenge dependent on the individual circumstances of each Will and who is involved. In our experience, we find most of our enquiries come from the following groups of people:

  • Family – we find most Wills are contested by family members for a variety of reasons but they are usually closest to the deceased and therefore usually more involved in the Will and Estate. It can also be a benefit to any challenge being made under The Inheritance Act 1975 for financial provision, if it is made by a blood relative.
  • Beneficiaries of the current or previous Wills – we see claim enquiries from people who thought they were going to inherit or have received reduced inheritances due to problems with Executors mis-managing estates. We also see claims form people who knew of previous Wills where they were mentioned but have been left out of subsequent Wills.
  • People who have simply been left out of a Will – we see more and more enquiries from claimants who believed they would be included in a Will but were not and the result has left them in difficulty or a worse position.
  • Financial dependents – non-family members or non-blood relatives can challenge a Will under The Inheritance Act 1975 if they can show they were financially ‘maintained’ by the deceased possibly through the provision of accommodation or financial assistance.
  • Debt claims – we see enquiries from people who have not received what they think they should have done.

Further details will be required to evaluate any type of claim against an Estate by any person so we would always recommend a conversation with one of Legal Advisers as soon as possible.

Do I need professional help and how much might it cost?

We aim to find you the best professional support for your circumstances and payment methods can vary widely depending on your situation. Our legal partners can help you understand the best route for you to take as every circumstance can be different. Contact us now to find out how we can help

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