What the law says

Under English Law, an individual has a basic right to freedom of ‘testamentary disposition’.

In other words, providing you are of sound mind and you’ve not been unduly influenced by someone or placed under duress, it is completely up to you to decide how you wish your estate to be shared out and disposed of, upon your death.

BUT – this is subject to the Inheritance (Provision for Family & Dependants) Act 1975.

Under this Act, certain ‘protected persons’ may have grounds to contest a Will and be able to claim reasonable provision.

Examples of ‘protected persons’ include a surviving spouse, a former spouse, a child, any person treated by the deceased as a child of the family, those who were maintained by the deceased immediately before their death and, since 1 January 1996, those who were living under the same roof as husband and wife for a period of two years immediately prior to the death.

How to challenge a Will

Despite the fact that an individual has the right to dispose of his or her estate as they choose, if you expected to inherit and, for no obvious reason, you appear to have been left out of a Will, you may wish to challenge its contents.

Wills drafted by individuals late in life which contain unexpected provisions, or which name a beneficiary who had only recently come into that person’s life, may attract suspicion.

For example, you may have had what you believed to be a close and loving relationship with a relative. However, behind your back, he or she may have been subjected to false accusations about you.

Your relative may have wrongly believed the rumours to be true and changed their Will as a result.

Although the Will-writing solicitor may have taken the instructions in good faith, a Will drafted in such circumstances might lead to a challenge under the Inheritance Act 1975.

The important thing to remember is – if it seems wrong, don’t necessarily take the Will at face value.

Equally, if you are classed as a ‘protected person’ under the Inheritance Act 1975 and do not believe that reasonable financial provision has been made for you, you should consider making a claim.