Will under dispute

FreeBear

Yorkshireman99 wrote: »

The suggestion that the case of Wright v Waters and Iliott are very similar is absurd. The main similarity is that they both involve disinheritance. Iliott is a fairly straightforward decision by the testator to disinherit her daughter from she had been estranged since the daughter eloped at the age of 17 whereas W v W is a much more complex story of widespread family dispute with lots of contradictions in the evidence.

Illot's case is one of a sole daughter being disinherited and supposedly undeserving charities being left the bulk of the estate. In the case of Wright v Waters, the two residual beneficiaries were financially "comfortable" and directly related to the deceased (son & wife) whilst the disinherited daughter was disabled of of limited income. On that basis, W v W is certainly relevant to the OP.

One key question - How long ago was probate granted ?
The clock would be ticking as there is a window of six months to file a claim - Once the six months is up, making a claim becomes much more expensive as it would require the approval of a high court judge and he would need to be convinced that there is a strong case to be made.

Yorkshireman99

FreeBear wrote: »

Illot's case is one of a sole daughter being disinherited and supposedly undeserving charities being left the bulk of the estate. In the case of Wright v Waters, the two residual beneficiaries were financially "comfortable" and directly related to the deceased (son & wife) whilst the disinherited daughter was disabled of of limited income. On that basis, W v W is certainly relevant to the OP.

One key question - How long ago was probate granted ?
The clock would be ticking as there is a window of six months to file a claim - Once the six months is up, making a claim becomes much more expensive as it would require the approval of a high court judge and he would need to be convinced that there is a strong case to be made.

In the case of W v W the claimant failed to get any provision under the 1975 Act so this suggests the claimant in the O/P's case will also fail. Regardless of this the whole question awaits the outcome of Iliot.