The rules of intestacy and the drafting of Wills do not always produce a fair result, particularly if the Wills have not been drafted using professional advice and guidance. However, all is not necessarily lost because there may be circumstances to allow a claim to be made against an estate, even if there is no provision for it under the rules.

There are certain tests that we will need to apply if you feel that you want to make a claim, but if those tests are satisfied and you are successful the Court can effectively re-write the Will or adjust the intestacy rules to adjust the financial provisions made for you to something that is deemed to be reasonable. Of course, as this is dispute resolution, and time limits apply, so you should ask to speak to Keith Barritt as soon as possible to ensure that your claim can be made in time.

There are other situations where a challenge may arise, say for example, where the mental capacity of the individual making the Will was in doubt or where undue influence has been brought to bear on the Will maker by someone entitled to claim, or indeed situations where there is some doubt over the interpretation of the Will and cases of actual or suspected forgery or fraud, and in these cases the claims are brought before the Court to decide.

Executors and Trustees can also be challenged for the way they have administered the estate or trust should their actions result in avoidable losses.

Whether you are being challenged or feel that you should bring a claim against an estate, our advice is to speak to our Head of Department, Keith Barritt, at the earliest opportunity to see exactly where you stand.