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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6525
Experience:  BA (Hons), PgDip, Practising Solicitor
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Who is able to challenge somebodies will ?

Resolved Question:

Who is able to challenge somebodies will ?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you asking who may challenge a deceased's persons Will when the deceased has not made provision for them in the Will?

What relation to the deceased is the person proposing to challenge the Will?

Tom
Customer: replied 1 year ago.


Hi Tom,


 


Well, it is more of a generic question. If a person dies and the will leaves a certain amount for the spouse and children (whom are all above 30) and it is perceived that they didn't leave a sufficient amount for an individual be it the spouse or child, who has a legal right to challenge the distribution of the will ? and on what grounds ?


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

In the event of your someone passing away and not providing for a person then the only way to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976.

The persons able to make a claim under this act are as follows:-

(a)the wife or husband of the deceased;
(b)a former wife or former husband of the deceased who has not remarried;
[F1(ba)any person (not being a person included in paragraph (a) or (b) above) to whom subsection (1A) below applies;]
(c)a child of the deceased;
(d)any person (not being a child of the deceased) who, in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage;
(e)any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased;

So, the spouse and children that you refer to would be one of those people.

After that, it gets very complicated I’m afraid. Each case turns on its own facts and there are no hard and fast rules to work out what the person is entitled to.

The Court will consider what is a "reasonable financial provision" for the person making the application and will take a number of factors in to account in determining what is fair (eg. size of the estate, other claims, resources and needs of other family members/dependants, responsibilities the deceased had to the person applying). The fact that a provision had been made for them already (even if it is small) would not be helpful to them.


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Kind regards,


Tom
Customer: replied 1 year ago.

Thanks Tom,


 


That's great. Is there a rule of thumb ? say a husband died leaving a wife and five children.


 


Is there a percentage split which would be considered reasonable ? I know that answer would depend on the size of the estate but if you can work on the basis of it being enough to cater for all of their needs


 


 


 


 

Expert:  Thomas replied 1 year ago.
Hi

There really isn't a rule of thumb I'm afraid, it's much to complicated with too many factors for that.

The best advice I can give is that the person shoudl attend a local solicitor when the person passess away for a consultation on the basis of the specific facts.

I am sorry I cannot be specific, but it would be folly..

Please remember to rate my answer.

Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6525
Experience: BA (Hons), PgDip, Practising Solicitor
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