CAN I CONTEST MY MOTHERS WILL/MY FATHERS WILL ?

The following are questions that we are frequently asked regarding contesting a Will.

Contesting a will at April King

You may be able to contest

Your Mother’s Will or your Father’s Will in a number of circumstances.

These include:

  • If you are a beneficiary under your Mother’s or Father’s Will and the Executors do not pay out the inheritance that you are entitled to.
  • If you were a beneficiary under a previous Will that your Mother or Father made and a new Will surfaces which does not name you as beneficiary.
  • If you believe that your Mother’s or Father’s Will is invalid for a technical reason
  • If your Mother or Father owed you money.
  • If your Mother or Father promised you something and you acted on that promise (to your detriment), and this was not reflected in their Will.
  • If your Mother and Father did not make reasonable financial provision for you in their Will.

 

The above list is not exhaustive.

There have been an increase in the number of adult children claiming that their parents did not make reasonable financial provision for them.

Of note, generally speaking, your Mother and Father are free to leave their estate to whoever they choose.

However, there may still be basis for a claim. For example, in a recent case (Ilott v Mitson), a daughter who had been estranged from her mother for 25 years was awarded £50,000 from her Mother’s estate.

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