The Inheritance Act states that the Contesting of a Will must be started by a person associated with the deceased in order to become a beneficiary or a greater beneficiary of the deceased's estate.
To Contest a Will under the Inheritance Act you must therefore be either:
- a Child of the deceased^
- a Husband, Wife or Civil Partner of the deceased
- a Former Husband, Wife or Civil Partner of the deceased
- who was receiving maintenance and has not remarried / entered into a new civil partnership
- any person who was dependent financially on the deceased
- any person who was treated as a 'child of the family' by the deceased
- a Co-habitee of the deceased
- this must have been for a minimum of 2 years
- any person who received a Maintenance:
- any person who was partly or wholly maintained by the deceased immediately before his/her death
For ContestaWill2Win.com to process a Will Contest under the Inheritance Act we must be able to prove sufficient Grounds to Contest a Will.
The list below highlights the main reasons listed within the Inheritance Act for which a successfully contest a will case could be based. We would need to be able to obtain sufficient evidence in order to process an inheritance act claim. Please note: This is not an exhaustive list, so if you are unsure please contact us to discuss.
- Inadequate Inheritance
- i.e. not been sufficiently provided for, or not being included in the will.
- Negligent Drafting of the Will
- i.e. a home made will or negligent will writer
- Coerced into Signing the Will (or Undue Influence)
- i.e. forced to sign the will under duress / pressure, or being subject to undue influence
- Lack of Mental Capacity to Sign the Will
- i.e. person was not of sound mind or suffering from dementia.
- Invalid Will
- Was the Will signed properly?
- Was it the last Will?
- Evidence of Fraud / Forgery?
- Evidence it was revoked?
- Improper Conduct by an Executor or Trustee
- Dispute of Ownership of Property that is to be distributed
What other factors need to be considered in order to Contest a Will?
To Contest a Will (make an Inheritance Act Claim) our solicitors must take into account numerous factors in order to determine whether you have the chance of a successful Will Contest.
These factors are what a court will base their decisions on (and which we will also base our assessment on) and your level of entitlement.
- Your financial situation and that of other beneficiaries.
- The deceased obligations to you or any other beneficiary.
- Any disability you may have.
- Your relationship with the deceased.
If you are a Spouse or Civil Partner making a will contest extra factors will be considered to determine what inheritance you are entitled to, such as:
- The length of your marriage or civil partnership.
- Your ages.
- Responsibility for any children from the marriage.
- What you would have received in a divorce settlement if death had not occurred.