Who Can Claim Against an Estate?
The list of people who may potentially claim against an estate is quite long. The commonly recognised potential claimants include:
The children of the deceased;
The husband or wife of the deceased;
The ex-husband or ex-wife of the deceased;
Children of the deceased’s husband or wife;
People who have been wholly or partly dependent on the deceased
Grandchildren of the deceased or if they were part of the deceased person’s household.
What Makes a Will “Proper”?
The law recognises that when people make Wills they should leave a “proper” part of their estate to certain defined classes of people in order that those people have a fair go at getting on in life.
To determine whether the will is “proper” the court will consider:-
- Your relationship with the deceased;
- The total value of the estate;
- Your state of health and any special needs you might have;
- Your financial circumstances;
- Whether there are people dependent on you and their level of “neediness”; and
- The other people named in the Will.
The Court will also consider whether you made any special contribution towards the deceased person’s assets or their wellbeing, and whether you conducted your affairs with the deceased person properly during their life. The Court will consider anything else that it deems important.
Are there any time limits on contesting a will?
Yes, there are strict time limits in place when disputing an estate or contesting a will. If you think that the terms of a Will are wrong or unfair to you, then you should not delay in calling us. Furthermore, if you delay your claim then you may find that the estate assets have already been distributed. Whilst this will not make your claim impossible, it may certainly make it more difficult.