11. What can I do if I think the will is unfair?

If you are not happy because you have been left out of a will altogether or because you have been left without 'reasonable financial provision', you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. But you can do this only if you are:

  • the husband or wife of the person who has died;
  • the former husband or wife of the person who has died, if you have not remarried or given up your claim when you got divorced;
  • a partner who lived with the person who has died for at least two years immediately before they died;
  • a child of the person who has died;
  • a person who was treated as a child of the family by the person who has died when they were married (normally, a stepchild); or
  • someone who was being totally or partly maintained (supported financially) by the person who has died.
If you think you may be able to claim against the estate because you are in one of these groups, you should get legal advice. Claiming against an estate is complicated, and there is no guarantee that a court will agree with your claim. There are time limits and other conditions you need to know about. You must lodge your application within six months of probate or letters of administration being granted. You could face a large bill if the court refuses your application or does not decide that the costs should come out of the estate.


Chapters

Home | About Us | Our Services | Our People | Firm News | Library | Contact Us
Bobbetts Mackan Solicitors & Advocates
Ground Floor, Griffin House, 15-16 Lower Park Row, Bristol BS1 5BN
T 0117 929 9001 F 0117 3164900
VAT Registered No. 137 8318 52
24hr Criminal defence helpline Tel 0117 9298987
E info@bobbetts.com

Authorised and regulated by the Solicitors Regulation Authority (SRA). SRA number 70535.

Copyright © Bobbetts Mackan. All rights reserved
Terms and conditions
[smaller] Change text size [larger]