The Will Challenge LAWYERS
We can help you if:
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IS A WILL UNFAIR TO YOU? YOU CAN GET JUSTICE!
- expected to be named as a beneficiary in a Will; or
- are named as a beneficiary but your share is unfairly or unreasonably small,
then the law may give you the right to claim a bigger part of the estate.
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;
- sometimes 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; and
- grandchildren of the deceased if they were part of the deceased person’s household.
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 considers important.
If you think that the terms of a Will are wrong or unfair to you, then you should not delay in calling us because strict time limits apply. 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 will certainly make it more difficult.