CAN A SPOUSE CONTEST A WILL?

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

Contesting a will at April King

The question of who can contest a Will ?

Is perhaps one of the most frequently asked in contested probate.

The rules as to who can make a claim are quite complex and the best way to get your question answered is to get in touch and provide details of your circumstances.

As a general guide, the following groups of people will usually be able to contest a Will:

Family members

Family members looking to either restore an earlier will or ask the court to declare a will invalid (so that the rules of intestacy apply) may be able to claim.

Certain family members can also claim that the Will did not make reasonable financial provision for them

Beneficiary under the Will

If you are a beneficiary under the Deceased’s Will and the executors have not paid your inheritance to you, you may be able to make a claim. The claim would be that the executor was acting unreasonably by failing to distribute the estate.

Beneficiaries under previous wills

If you stood to benefit under the Deceased’s will but then a new Will comes to light under which you are no longer a beneficiary, you may be able to claim.

Creditors

If the Deceased owed you money, you may be able to claim

Someone who was promised something

If the Deceased promised you something (which they did not then deliver in their Will) and you relied on that promise to your detriment, you may be able to claim.

Reasonable provision

If the Deceased provided for you financially during their lifetime, you may be able to make a claim for reasonable provision. This applies even if you were not related to the Deceased

We can advise you as to whether you are entitled to make a claim – just get in touch, without obligation.

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