Who can challenge your Will?

In England and Wales several parties can challenge a Will, these include:

1. Individuals who are beneficiaries under the Will
2. Individuals who would inherit under intestacy rules if the Will were invalid
3. Individuals who were beneficiaries under a previous Will
4. Individuals who have been cut out of your estate
5. Individuals who feel reasonable provisions have not been made for them
6. Individuals who were previously maintained by you, but no provisions have been made for them under your Will.

Challenges can be based on various grounds such as lack of testamentary capacity, undue influence, lack of knowledge and approval, or improper execution 

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)

This Act allows certain individuals to apply to the court for financial provision from the estate of a deceased person domiciled in England and Wales. These individuals include:

1. The spouse or civil partner of the deceased
2. A former spouse or civil partner who has not remarried or entered into a new civil partnership
3. A cohabitant who lived with the deceased as if they were married or in a civil partnership for at least two years immediately before the deceased’s death
4. A child of the deceased, any person treated by the deceased as a child of the family, and any person who was being maintained by the deceased immediately before their death

The court, when considering an application, must determine whether the disposition of the deceased’s estate (by will or intestacy) makes reasonable financial provision for the applicant. If it does not, the court can make an order for such provision as it considers reasonable in the circumstances.

Overall, the I(PFD)A 1975 aims to ensure that reasonable financial provision is made for those who were dependent on the deceased, while balancing the interests of other beneficiaries and respecting the deceased’s testamentary freedom.

To prevent challenges to a Will, it is advisable to have the Will professionally prepared and explained by an independent and experienced solicitor. This reduces the likelihood of a successful challenge, as courts are more cautious about invalidating Wills that have been properly executed and explained

For further information, email nb@cbglaw.co.uk and Nosheen will send you our FREE downloadable guide on all matters relating to effective estate planning and your protection.