Contesting a will if you are financially dependant on the deceased
Legal support to contest a will
By Leighan Banks
How HTF Legal can help with will, probate and trust disputes
HTF Legal have a vast amount of experience dealing with inheritance, will, probate and trust disputes as well as problems with executors, trustees, attorneys and deputies.
We have recently been involved with cases under the Inheritance (Provision for Family and Dependants) Act 1975 which allows people who are financially dependant on another person to make a claim against their estate when they die if they feel as though the provision left for them is not sufficient. This can also apply when someone dies without a will.
Contesting a will for a cohabiting partner
We were instructed to act for a cohabiting partner who had been living with the Deceased for over 45 years, but they were unmarried. All property had been transferred into the sole name of the Deceased despite large contributions by his partner. The Deceased referred to his partner as his ‘common law wife’ and assured her that everything would go to her even in absence of him making a will. The Deceased died intestate, and his entire estate passed to distant relatives. We assisted in a claim and obtained the entirety of the Deceased’s estate as intended.
Acting for a spouse who contested being left only a 25% share in the marital home
Similarly, we acted for the surviving spouse of the Deceased who had been married to the Deceased in excess of 40 years, but both had children from previous relationships. The Deceased insisted that all properties were in his name in his lifetime and controlled all of the finances, but the surviving spouse made significant contributions throughout the relationship. The Deceased died, appointing his children as his executors and leaving only a 25% share in the marital home to his spouse with the remainder of his estate to his children. We assisted the spouse in a claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 which we concluded successfully in the surviving spouse’s favour.
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