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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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My father has made a will but due to a very bitter family dispute,

Resolved Question:

My father has made a will but due to a very bitter family dispute, I think he will now leave me out . My mother has recently died and the will originally stated that when both parents
die it would be divided equally between the 3 surviving children . Do I have to accept this or can I appeal
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.

Hi Toppart,


Thanks for your question.


You cannot appeal a testator's will, it is their right to execute a will which reflects their wishes.


In the event of your parent's passing away and not providing for your then you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate in the estate and you will need a solicitor to do it for you.


The Court will consider what is a "reasonable financial provision" for you 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 you), each case turns on it's own facts and there are no hard and fast rules to work out what you are entitled to.


There is nothing you can really do prior to death however.


If this has been useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,





Edited by Thomas on 3/15/2010 at 4:16 PM EST
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