An aunt died leaving her estate divided equally between 7 nieces and nephews. She had8 in total - no children of he own. In her will the eight niece was excluded and she is now contesting the will. Does she have any legal rights.
State/Country relating to Question: United Kingdom
Hi, thanks for your question.
The fact is the aunt was entitled to leave her property to whoever she wanted. As she made a will, the will is conclusive evidence of her intentions.
The excluded niece could challenge her aunt's will by bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.In order to succeed with such a claim, the niece would have to prove that she was dependent upon her aunt and that her aunt's will failed to make “reasonable financial provision” for her.These claims are costly and stressful but possible. She will not succeed simply by complaining that she was missed out.
LLB (Hons) Law Degree, Solicitor
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