A valid will can still be contested on the basis a close relative has not been adequately provided for in the will. For our contentious probate team's article on how to challenge a will on the basis it may not be valid, see "Feeling left out? How to challenge your parent's will".
The Inheritance (Provision for Family and Dependants) Act 1975 ("the Act") is a statute which permits claims to be made by certain relatives or dependants of the deceased person against their estate in specific circumstances.
The application of the Act is limited and only applies to specific categories of people, they are:
- the spouse or civil partner of the deceased;
- children (including adopted children and those who have been treated as a child, such as step-children) of the deceased;
- any person who has been living continually with the deceased before their death (must have been for at least 2 years);
- a former spouse or civil partner (if they are not re-married); and
- and person receiving financial support or maintenance regularly from the deceased.
Any claim is for reasonable provision, and the financial position of the deceased is taken into account, as well as the applicant and any beneficiaries under the will, to determine what is reasonable under the circumstances. Therefore, any amendment granted by the court of the provisions in the will must be made on the basis that the applicant would otherwise be under particular hardship.
Along with the financial element, the court will view the position of all parties involved holistically. They will consider factors such as: health, age, relationship to the deceased, the size of the estate, the immediate future financial need of the applicant, the conduct of the parties and the relative position of all other beneficiaries.
Claims under the Act must be brought within six months of a Grant of Probate of Grant of Letters of Administration being issued, so do not delay.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.