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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My father died last week and has left all of his estate to

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My father died last week and has left all of his estate to his secong wife, my stepmum. As his only child I wonder if there is any provision for contesting the will for myself and my 2 children - his only grandchildren. I am aware that in my Stepmothers will she has left the house to myself and the two grandchildren but am concerned that she could change this.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Were you financially dependent upon your father to any extent
2. Were you dependent in any other ways to your father..
Kind regards.
Customer: replied 5 years ago.
No I was in no way dependent financially upon my father, or in any other way. Thank you for your prompt response.

Thanks for your reply.

In order for a relative to claim part of an estate which has been directed to other beneficiaries they would have to make an application under the Inheritance (Provisions for Family and Dependents) Act 1975.

To have an appreciable chance of making an application under this Act a person must show that they were to some extent financially dependent upon the deceased prior to the deceased's death. If you were not such, and were not otherwise dependent upon him then your chances of making a claim under this Act decrease dramatically.

That is not to say that it would not be worth some posturing to see if your father's spouse is willing to advance you some of the estate now, but if there was no financial dependency then the your chances are slim. You would obviosuly have to balance posturing to make a claim to get some money now with the fact that this could irritate your father's spouse in to not leaving you what she inherits.

It's a balancing act you are best placed to decide upon because you know her best.

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Kind regards,

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