Should you have been left something under a Will? Were you left a legacy but believe a Will to be unfair? Do you have a potential claim?

A Will is a legal document setting out how an estate should be distributed after death but those making a Will (“testators”) are free to distribute their estate as they see fit.  Whilst society might still assume that parents love all their children equally, uneven distributions or indeed favouritism can trigger sibling rivalry, resentment or other ill-feeling from those experiencing a sense of injustice, or simply being  ‘left out’.

What could you do?

• The Inheritance (Provision for Family & Dependants) Act 1975 Act (‘the Act’) may be one route for an unhappy family member to bring a claim and change how the estate is distributed under a Will or the statutory intestacy rules (which apply if the deceased did not make a Will).  There are various categories of people that can bring a claim under the Act where it is believed the Will or intestacy rules did not make  ‘reasonable financial provision’ for them.  Cohabitees, adult children, spouses, those coming from ‘blended’ families are all potential claimants. You might have been left out completely, or be a beneficiary disappointed with the extent of your legacy.
• Sometimes promises have been made by the testator which are not kept in the Will. The person who was promised something may have a claim in what is known as “proprietary estoppel”, if certain criteria are met.
• Sometimes disappointed family members believe that the Will is invalid because their loved one did not have mental capacity to make it, or they are suspicious that someone has put them under duress. Being able to challenge a Will on this basis is not easy, and not as common as you may this.

The passing of a loved one is a traumatic time, following which a new reality must be faced. Emotions will come to the fore whilst old family rivalries can continue, or be revisited. Inherited wealth is both a sensitive and symbolic concern, not only associated with love and approval but also with property. Unparalleled anger and hurt can be felt. Disputes can escalate quickly and can be so emotional that parties can act irrationally.

Traditions, such as farm-owners leaving farms to their eldest sons, can also trigger quarrels. As to the distribution of money the gender bias that can still apply appears to be far more accepted than it should be.

Personal possessions are often omitted from a Will whereas some possessions cannot be divided e.g. a painting, jewellery. But sometimes a dispute is not even about money or property – it might about love.

A Will cannot simply be overturned and it is not the function of the court to rewrite Wills or to overturn blatant injustices.  Therefore any potential claimant will need to be advised whether any of the appropriate courses of legal action might apply to their circumstances.  Sometimes there is no recourse, however unfair it might seem.

Forms of Alternative Dispute Resolution such  mediation are suitable methods of settling disputes and parties are encourage to try and settle at all stages.  If they refuse, they could face costs consequences by the Court.

But what is clear is that sound legal advice is required from the outset.  Our Dispute Resolution team are experienced in dealing with these sensitive claims and will guide you through the process.