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We cover a couple of cases we have dealt with involving disputes over a will. These are where a spouse or co-habiting partner do not feel as if they have been fairly treated by executors of a will.
The Inheritance (Provision for Family and Dependants) Act 1975 was an important piece of legislation, allowing parties to challenge a will, even against the wishes of the deceased person who made it.
As well as a look at these two cases (one a spouse going through a divorce at the time of her husband's death, the other a co-habiting partner whose boyfriend died unexpectedly and the family cut her out of the will), Richard Parsons gives a whistle-stop tour of the way inheritance claims are made and what categories of persons can make claims under the legislation.
Can I ask a question pls. My late hubby's parents left a big apartment where his only sibling, an older sister owns it because apparently she bought off his share many years ago. She only has a husband and no children but they are both now are quite old though she is still feisty. Some friends told me I could inquire if there is any possibility of me to claim still the right of the apartment, thank you in advance.
Hi my father past away 3years ago i am the eldest son and lived and cared for him for 15 years also have a workshop for 40years on his property the will was made out for all propertys to be sold im still liven in the home what is my posision in dis home orther benafiserys want me out of the house
No. But I was dependent on him albeit receiving his 60% pension, still, on his account that I came to live in his country (Italy) and was so generous and happy to have me as his wife, depending on him 100%.
A friend of mine has lost his dad. His dad remarried a year ago but only been with her for about over 2yrs, don't know how long she moved in his dad's house for. The will had been changed a year ago and completely cut my friend and his brother out. She has everything! Do they have a case? My friend has found out that his step mother has been married lots of times. Do you think she has made a living out of marriage?
There may be a case for undue influence. Your solicitor can write to your father's solicitor and ask pertinent questions about the making of the will, they will send what is called a Larke v Nugus letter and take it from there.
Thankyou so much for replying I really didn't expect it. My friend isn't rich and also doesn't financially rely on his dad. The women his dad married is manipulative. Could my friend have a claim that his dad was influenced by her or claim against the estate instead of the will? I suppose it's just proving it?
Hi Alf - yep, people do have a potential claim even if the will says different. A will is not the end of the story. The Inheritance Act outlines various categories of people who can challenge a will. A son would be a strong contender, especially if he has any financial difficulties himself. (If he is very rich it would be harder.)
But just because she has been married lots of times and makes a living out of it - that is not likely to be an issue as long as the dad was of sound mind.
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