Who can challenge a Will?
All families face the odd sticky patch. Relationships are dynamic, and when life throws us lemons, we all react differently.
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I’m not talking about bickering over the TV remote or whose turn it is to do the dishes. We all do that. It’s a normal part of living together.
But sometimes, however hard we try, family relationships can break down.
In stepfamilies, there can be competing wants and needs. Even in loving relationships, clashing personalities can create a gnawing feeling of unfairness. And when someone passes away, things can get even messier.
Our clients often describe dealing with estate matters as being faced with a box of tangled Christmas lights – all twisted up and hard to sort out. Things can get especially tricky when large sums are involved. Inevitably there is added complexity in estates that span borders and where a family business comes into the mix. When there are multiple marriages and children from different relationships involved, the whole process can feel overwhelming.
How can I avoid a challenge?
But here's the thing: a well-thought-out Will and some open, honest chats among family members can work wonders. Still, let's be real; there's no guarantee that everyone will happily agree on the Will's terms when a loved one passes.
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Even estates that seem straightforward can ignite family feuds. This is true where there are close-knit bonds and squabbles are quickly forgotten. If you're caught up in this type of sticky situation, you're probably wondering where you stand and what to do next.
Firstly, let's talk about something that’s so important: grief.
When we lose someone we love, everyone’s emotions are all over the place. What's said and done in those early days might not reflect how people truly feel. So, if some family members seem at odds over the estate immediately after the loss, this could change as they process it.
With this in mind, give everyone a breather before diving into more discussions. Time can work wonders, and perspectives might shift.
What are the legal options for a challenge?
Now, let's address the type of disagreement you're dealing with. Some disputes can be smoothed over with a chat, but others need more than that. If things seem unresolvable among the family, it might be time to look at legal options.
There's a misconception that anyone can contest a Will, but that's simply not the case. Only a select few have that right. If you believe a Will is less than fair – for example, you think the person who made the Will was ill or was being controlled by someone else – a claim might be possible.
The circumstances for making a claim against someone’s estate are limited. You may have a case if you were financially dependent on the deceased and were not included. If the person who died promised you something big – like property or a business – and you made sacrifices based on that promise, only to be left hanging, you may be able to make a claim.
Sadly, if your situation doesn't fit into the legally defined categories, you may not have any options.
When should I take action?
Making an inheritance claim and challenging a Will are different legal processes.
If you're unsure about your rights in a Will dispute, it's a smart move to chat with an inheritance dispute specialist. They can guide you on whether you have a legal claim and what the outcome might look like.
You cannot challenge a Will because you don’t like how the assets have been distributed. You must have one (or more) valid legal reasons to contest a Will.
The Inheritance (Provision for Family and Dependents) Act 1975 lists explicitly the family members who are entitled to claim. Often, the people who contest a Will are the surviving spouse, children, a cohabitee or other dependents, including adult children who were being financially supported by the deceased and children who were treated as close family members even if they were not related.
Someone financially reliant on or maintained by the deceased person can also contest a Will. For example, this could be a person who lived with the deceased or whose housing costs were paid for by them.
What should I do if I think I have a claim?
Even if you decide not to take legal action, discussing things with a knowledgeable lawyer can help everyone see eye to eye. Hopefully, mediation can help you and your family to find a way to mend fences.
Keep in mind that there are time limits for making inheritance claims, so don't delay if you're considering it. Talking to a contentious probate specialist as soon as you can is a wise choice.
With tempers likely to be a little frayed, a compassionate expert will give you realistic advice.
Carisma Wills has chosen to specialise in Wills and Lasting Powers of Attorney and not dispute resolution or litigation. We have excellent connections within the private client lawyer community, and we will be happy to refer you to a contentious probate specialist.
