Inheritance and provision
for families and dependents

 

If you consider that you have not been adequately provided for by the estate of a deceased person who was domiciled in England or Wales, you can make a claim for financial provision within six months of the date of the grant of representation.

 

You may be able to seek financial provision if you are a:

  • spouse or civil partner
  • former spouse / civil partner and have not remarried or entered into a new civil partnership
  • child of the deceased
  • person who was treated as a ‘child of the family’ of the deceased
  • person being partly or wholly maintained by the deceased

You can challenge a will for reasons including:

  • the writer was not of ‘sound mind’
  • there was ‘undue influence’ when the will was signed
  • some fraud or forgery has taken place (this is unusual and difficult to prove)
  • the deceased lacked ‘testamentary capacity’
  • the writer did not fully understand its implications
  • it was not properly signed and witnessed.

 

Although the court can, in special circumstances, allow claims outside of the statutory six month deadline, it is important that you contact us for specialist legal advice without delay.