The death of a loved one is always a difficult time, and disputes over a person’s estate can make an already emotional situation even more challenging. It is not uncommon for family members or dependants to question whether a will is valid or whether they have been treated fairly.
Many people assume that a will cannot be challenged once someone has died. However, under the law of England and Wales, there are circumstances in which a will or the distribution of an estate can be disputed.
Understanding your legal rights is the first step towards deciding whether you may have a claim.
Can a Will Be Challenged?
Yes, but not simply because someone is unhappy with its contents.
A will may be challenged for several legal reasons, including:
- Lack of mental capacity when the will was made.
- Undue influence or pressure from another person.
- Failure to comply with the legal requirements for making a valid will.
- Fraud or forgery.
- Lack of knowledge and approval of the contents of the will.
Each of these claims requires evidence, and the court will consider the individual circumstances of the case before deciding whether the will is valid.
What If You Have Been Left Out of a Will?
Even if a will is valid, certain people may be able to make a claim if they believe reasonable financial provision has not been made for them.
Under the Inheritance (Provision for Family and Dependants) Act 1975, eligible individuals may be able to bring a claim against the estate.
Depending on the circumstances, those who may be eligible include:
- A spouse or civil partner.
- A former spouse or civil partner in certain cases.
- A child of the deceased.
- Someone treated as a child of the family.
- A person who was financially dependent on the deceased.
Not everyone can make a claim, and strict time limits usually apply.
What Happens If There Is No Will?
If someone dies without leaving a valid will, their estate will generally be distributed under the rules of intestacy.
These rules determine who inherits and in what order.
Many people are surprised to discover that unmarried partners do not automatically inherit under the intestacy rules, regardless of how long they lived together.
This often leads to disputes that could have been avoided with proper estate planning.
Resolving Inheritance Disputes
Not every inheritance dispute ends up in court.
Many cases are resolved through negotiation or mediation, allowing families to reach an agreement without the cost and stress of litigation.
Obtaining legal advice early can help clarify your position, preserve important evidence and explore opportunities to resolve matters amicably.
The Importance of Acting Promptly
Inheritance disputes are often subject to strict limitation periods.
For example, claims under the Inheritance (Provision for Family and Dependants) Act 1975 should generally be issued within six months of the Grant of Probate or Letters of Administration.
Delaying legal advice could affect your ability to pursue a claim.
Understanding Your Rights
Disputes over wills and estates can be legally and emotionally complex. Every family situation is different, and the outcome depends on the individual facts and evidence available.
If you have general questions about wills, probate or inheritance disputes before seeking legal advice, NakdLaw is an AI legal chat that provides clear, accessible legal information to help you better understand your legal options.
Contact Penerley Solicitors
If you believe a will may be invalid or you have concerns about an inheritance, Penerley Solicitors can provide clear, practical advice tailored to your circumstances. Our experienced team will assess your position, explain your options and help you achieve the best possible outcome. Contact us today to arrange a confidential consultation.
