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Feeling left out?

View profile for Jenny Mayhew
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If you are left out of someone’s will there are two realistic courses of legal action. You can try to claim that the will is invalid. This is only going to be a viable course of action if, by invalidating the will, you stand to receive something from the deceased estate under a “valid” will or through the intestacy rules that apply in the absence of a will. You can only invalidate a will if it has been executed incorrectly, it is forgery, the deceased did not have full mental capacity to draft the will or the arrangement of the will was unduly influenced.  There is a legal presumption that the will is valid unless it can be proven otherwise and so a claimant can face a tough task to invalidate a will.

Alternatively, someone can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. There are strict limits to do this and so don’t delay if you are feeling left out. A successful claim will entitle you to recover a reasonable provision for maintenance. However, these claims are also less than straight forward. We can advise on either option that may be available.  

For more information about challenging a will, contact either Jenny Mayhew or Nick Stockley.