Challenging the Provision made in a valid Will
The second type of challenge to a Will is not to challenge its validity, but to claim that it fails to make reasonable financial provision for an individual, usually a dependant.
In some circumstances, the Inheritance (Provision for Family and Dependants) Act 1975 allows for the gifts in a Will to be varied, to provide for a person who has been excluded or short changed. The following persons are entitled to bring a claim under the Inheritance Act.
- The wife or husband of the deceased.
- A former wife or former husband of the deceased who has not remarried.
- A person living with the deceased in a relationship akin to husband and wife for a two year period before the date of death.
- A child that although not the deceased’s child, was treated by the deceased as a child of the family.
- And any other person who was being maintained by the deceased immediately before their death.
A successful claim by one of the above would result in the Court changing the Will so that it did make reasonable financial provision for the Claimant. At Stephens Scown, we can help advise you every step of the way.
Phil Gregory
Partner01392 210700
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