Contasting a Will - Claim What's Rightfully Yours

Is This You?

• Did a parent or other close relative leave you out of their Will entirely or otherwise fail to make reasonable financial provision for you?
• Has a Will excluded family members but left gifts and legacies to non-related people or causes?
• Was the person who made the Will suffering from a medical condition at the time it was made, which may have influenced their actions or decisions?
• Did you fail to receive a gift that you believe you were entitled to under the terms of a Will?

If any of these apply to you, then you may have grounds for bringing a No Win No Fee claim.

Challenging The Provisions of a Will

The distribution of a person’s property and other assets following their death is usually made in accordance with the wishes set out in that person’s Will.

There is a general principle that a person has freedom of choice over which parties should benefit in their Will, and it is often the case that someone other than a relative of the deceased will benefit in some way. For example, a monetary gift may be left to a particular cause or charity.

However, the law provides that the person making the Will should ordinarily make reasonable financial provision for any children or other direct relatives who are financially dependent on them. This principle is contained in statute law and has recently been enforced in a high-level Court case.

It is therefore important that the person making the Will gives proper consideration to the financial needs of their children and other family members. A failure to do so may mean that the provisions of the Will can be challenged.

A Court has the power to alter how a deceased person’s property and assets are distributed to ensure that proper provision is made for the maintenance of children and other relatives.

A wide range of factors can be taken into account, but a recent decision has emphasised that the needs of family members should be placed above those of other non-related beneficiaries. It may therefore, be considered unreasonable for somebody to leave all of their money to charity while leaving nothing at all for children or other relatives.

If you feel that a Will of a parent or other close relative has failed to make proper financial provision for your maintenance and reasonable needs, we may be able to help you with a No Win No Fee claim. If this applies to you, then please contact us for free advice.

Capacity to make a Will

A Will can only be validly made if the person making it is of sound mind and is acting without undue influence from other parties.

If a person is suffering from a recognised medical condition at the time they make their Will (for example, Alzheimer’s disease) then it may mean that the Will is invalid. This is because there is a possibility that a person may have made alternative provisions in their Will had they not been suffering from the condition.

If you are concerned that a medical condition may have affected how a Will was made, or that the person who made it was influenced in any other way, then please contact us for advice and potential assistance with a No Win No Fee claim.

When a gift you are entitled to under a Will is not received

It is also possible for an intended beneficiary to challenge how property is distributed if they feel that the assets in the estate haven’t been divided according to the terms of the Will.

Unless a Court has expressly altered how property and assets are to be distributed, then the executors must ensure that everyone named as a beneficiary in the Will receives their entitlement.

They are unable to withhold gifts or legacies on the grounds that they believe the amount given is excessive. Similarly, they are unable to prevent a gift to a beneficiary who, for whatever reason, they personally disapprove of.

If you believe that a gift left to you in a Will has been improperly withheld, then please contact us for advice on bringing a potential No Win No Fee claim.

If you feel that;

• A deceased parent or other close relative has failed to make reasonable financial provision for you in their will.
• The person who made the Will was not of sound mind or was unduly influenced by another party at the time it was made
• You haven’t received a gift that you were entitled to under the terms of a Will

Then we may be able to assist you in bringing a No Win No Fee claim for compensation.

How Much Am I Entitled To?

When reasonable financial provision has not been made to family members, it may be deemed unreasonable for a parent or other close family member who you rely upon financially to exclude you from their Will. In such situations, it may be possible for you to challenge the contents of the Will in order to claim an amount that is reasonable in the circumstances for your future maintenance and well-being. This is reflected in the Ilott v Mitson Court case.

When a gift you are entitled to is not received

If you feel that you did not receive a gift you were entitled to under the terms of a Will, we may be able to help you in bringing an action to recover an amount equivalent to what you should have received. This is reflected in the following matter that we are acting on – Mrs R’s Inheritance Dispute.

Neglect Assist can investigate and advise upon the level of loss suffered and may be able to represent you in a No Win No Fee claim.

What Do We Charge?

We offer an absolute and guaranteed No Win No Fee agreement; it’s that simple. If successful, we take a fee of up to 20% (plus 4% VAT) * Of the award of compensation. If unsuccessful, our clients pay us nothing.

* We reserve the right to apply a deduction in more complex or higher risk cases of up to 30% plus VAT. Typical examples might be where there are multiple parties to claim against, where time limits for claiming may have passed or new areas of law are tested.