The death of a person can cause legal problems for those who are left behind. QualitySolicitors are seeing a rise in cases involving contested wills and disagreements between personal representatives and beneficiaries. We see that financial difficulties are often caused by inadequate provision for family and dependants. We are here to help.

Who has the right to inherit?

Under UK law, when a person makes a will, he is completely free to pass his assets to persons of his choice. No one, not even children or spouse or civil partner, has any automatic right to inherit from a deceased’s estate.

Can a will be challenged at all?

It is possible in some circumstances to contest a will, for example:-

• If the person making the will lacked mental capacity or testamentary intention
• If the will was made under compulsion or undue influence
• If the will has not been properly signed and witnessed
• If the will was a forgery or brought about by fraud
• If the will does not make adequate financial provision for family and dependants
• If there are doubts with the interpretation of the wordings of the will

Whether a will can be challenged on these grounds would depend on the facts of each case. If you think any of these may apply, you should seek legal advice.

What happens if a person dies without leaving a will?

If a person dies without leaving a will, it is called intestacy and the law sets out the rules that govern the disposal of his estate. Who gets what would depend on whether there is a spouse or civil partner, if there are any children, parents or brothers or sisters, nieces and nephews and so on.

What happens if I am a cohabitee?

If a person dies without leaving a will, the law does not make any provision for any cohabitee. Unless you co-own any asset with the deceased in a way that the survivor is entitled to the whole of that asset, you will not benefit from the estate.

However, you may make an application to the court for financial provision under the Inheritance (Provision for Family & Dependants) Act 1975 if you are eligible. This will also apply if there is a will but it does not make sufficient financial provision for you.

Can I apply for financial help?

The following people are eligible to apply:-

• Wife or the husband of the deceased
• Former wife or husband of the deceased who has not remarried
• Cohabitee of the deceased provided that he or she lived with the deceased in the same household as husband and wife for at least two years immediately before the death
• Child or step child of the deceased
• Any person who was maintained by the deceased immediately before their death

Am I likely to be successful?

The court must be satisfied that the financial provision already made for you under the deceased’s will or under the rules of intestacy is insufficient. It will take into account a number of factors such as:-

• The financial resources and needs of you (the applicant) and other beneficiaries of the estate
• Any obligations and responsibilities which the deceased had towards you and other beneficiaries
• The size and nature of the estate
• Any physical or mental disability of you or other beneficiaries

There are other factors that will be taken into account, depending on your status.

Is there a time limit?

An application must be made no later than 6 months from the date of the Grant of Probate (or Grant of Letters of Administration in the case of intestacy).

What orders can the Court make?

The court has wide powers to vary the distribution of the deceased’s estate. It may order, for example:-

• A lump sum or regular payment out of the estate
• Transfer of property to the applicant
• Payment of income from the estate to the applicant
• Acquisition of property for the benefit of the applicant

The court may make a whole variety of other orders, depending on the circumstances of the case.