Is there any other way to dispute a Will?
In my previous post, I looked at challenging a Will.
However, it is not always possible to successfully dispute a Will and, in these cases, what else can be done to challenge the distribution of a person’s estate?
One option is under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”).
Under the Act anyone who is an “eligible claimant” can bring a claim for a share of or a larger share of a person’s estate.
Eligible claimants include spouses and former spouses, children (including persons treated as such), dependants (this has a very broad definition) and cohabitants.
Whether a claim succeeds and the amount of any award will depend on a range of factors including the size of the estate and the financial resources and needs of the parties.
I am always willing to discuss potential claims under the Act without obligation and typically act for clients in this type of Will dispute case under “no win, no fee” agreements.