3 Ways of Contesting Inheritance
We examine three common ways in which inheritance arrangements are contested, using the facts of a remarkable case to provide clear real-world examples.
Disputes
Disputes articles
Time limits for IPFDA claims – Are They Any Clearer Now?
Find out if time limits for inheritance claims under the IPFDA have been clarified by recent cases
Myth-busters #10 – I can leave family members out of my Will and there’s nothing they can do about it
This is partially true, because here in England and Wales, we have the freedom to dispose of our assets in any way we choose in our Wills. Unlike many other countries, we don’t have any ‘forced heirship’ rules governing who must receive what after someone has died. You can therefore make a Will leaving your …
How Long Does Someone Have to Challenge my Will?
We’re always keen to explain how important it is to make a Will. Everybody who is 18 or over should have one! But many people worry about the possibility that their Will might be challenged – the risk of their wishes being altered by someone else. The most common basis for challenging a Will relies …
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Where There’s a Will Challenge, Who Gets Their Way?
A Will is crucial to making your intentions known after your death. We have written hundreds of Wills for clients and much of our time is spent getting to know people’s wishes so that we can advise how best to put them into effect. However, the truth is that no Will is immune from being …
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Adopted Children’s Human Rights Prove Decisive in Will Dispute
Human rights are not often an issue when dealing with Wills. There is no such thing as a ‘human right to an inheritance’ in the UK. Even in some European countries, where ‘forced heirship rules’ exist, you couldn’t really say you had a human right to inherit your parents’ property. In France, for example, one …
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Disinheritance by Deceit – Fraudulent Calumny
Fraudulent calumny – it sounds like a term which might be flung across a Dickensian courtroom. Or an accusation, possibly followed by a challenge of pistols at dawn… But despite its fusty old name, it is very much a part of the law today. So what is it? And why should you be aware of …
Cohabiting couples: your rights under the IPFDA
In previous articles, (here and here) we discussed how the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) can allow claims to be made against someone’s estate. Such claims seek ‘reasonable financial provision’ from the estate and, if successful, can alter the effects of someone’s Will. They can also alter what happens when there is …
Ilott v Mitson: The Supreme Court Ends a Long Will Dispute
Today, the UK Supreme Court finally settled a long-running Will dispute. The Will of Melita Jackson has been at the centre of a prominent case, widely known as Ilott v Mitson [2017] UKSC 17. The Supreme Court’s judgment comes nearly 13 years after Mrs Jackson’s death. And the result? To reinstate a court order made …
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You Can’t Take It With You: Claiming Financial Provision From An Estate Does Not Pass On Death
When someone believes they have been disinherited or ‘cut out of a Will’ it can lead to all kinds of strong emotions flaring up. This is one of the reasons why crime writers love using such events as a motive for murder! In reality, however, there are legal courses of action people can take. One …