The Law regarding a "Will"

-|ScottFree|- · 21 Apr 2006 at 05:58

If a Will has been drawn up by a Solicitor which states the executors of the Will and the trustees/beneficiaries and is legally sound. Can it be contested by parties purely on the grounds that are unhappy with the distribution of the estate.

and...

Can they contest a Will if they are not named on the Will, even though they are the children of the deceased.

I know there are circumstances where the Will can be found invalid such as

The mental health of the deceased when the will was signed...

The Will was written under duress or via coersion through one particlar party.. etc etc.

...but if the Will is found to be valid, surely that is all that matters and therefore a contest would not be entertained? Particularly if most of the estate would be swallowed by a contest?

Anyone know the legalities of this sort of scenario.

Meridian · 21 Apr 2006 at 07:38

My understanding is yes, and yes. In fact those are about the most common reasons for contesting a will.

M

Dtab · 21 Apr 2006 at 07:53

afaik wills can be contested by anyone who thinks they have a legitimate claim.

Disinheriting one child completely is always a bad move apparently,becouse it gives them good grounds for contesting -and winning.Give them a relatively small bequest instead and as they have been provided for in the will,the chances of them contesting successfully are diminished greatly.

booyaka · 21 Apr 2006 at 09:33

as said above - anyone can contest a will but must put forward a valid case to prove why they should have a claim on the desceased estate.

Dolly · 21 Apr 2006 at 09:40

Under the Inheritance (Provision for Family and Dependants) Act 1975 any person can contest the will of a deceased where they show that the will did not make 'reasonable financial provision' for them. However, unless you are the husband or wife of the deceased, you can only try to claim an amount that is required for your maintenance and so the amount could be limited (especially if you are an adult and are supporting yourself). This link gives the wording of the Act and will probably help answer your question.