Not everyone has the right to challenge a Will or make an inheritance claim. Usually only those who were closest to the person who has died (such as close family members or people named in the Will) are able to do this.
It’s also important to understand that you cannot take legal action against a Will simply because you don’t agree with it. There are important legal processes and precedents to be navigated here and you will only be able to take legal action in two specific circumstances:
If you don’t believe the Will is valid
If you have evidence to show that a Will is invalid, you may be able to challenge it. This could be because it wasn’t properly witnessed, because the person who made the Will later revoked it, because the Will has been tampered with or because you believe it was made under undue influence.
If you believe you are entitled to claim under the Inheritance Act 1975
The Inheritance Act sets out the concept of reasonable provision. This means that, by law, individuals who have been financially supporting those closest to them must make reasonable financial provision for them in their Will.
If you are a spouse, child, cohabiting partner or former spouse of the person who has died (or if they were supporting you financially before they died for another reason) and you feel they have not adequately provided for you in their Will, you may be entitled to make an inheritance claim.