Contesting Will under Inheritance (Provision for Family and Dependants) Act

Yankee1971

oooooooooooooooo

FreeBear

Unless the potential claimant has very deep pockets and is a child of the deceased, their chances of making a successful claim is virtually nonexistent. You will usually find that any talk of an inheritance act claim is little more than hot air from an aggrieved relative - The more distant the relationship, the less chance of a claim.

IF a claim is issued withing the six month time limit, it could take years to resolve - The Ilott-v-Mitson case took some 15 years to wend its way through the courts. In another case involving misappropriation of funds by an executor, it took the best part of 30 years to settle.

Yorkshireman99

It is very misleading to use Ilott as an example. The situation was exceptional and involved a charity wth deep pockets. However agree that it may well be a hot air claim. The OP can do little but wait and see but not worry too much.

Yankee1971

Thank you both for your helpful advice regarding Court time frame. Having never been through a Court process myself, if this does go to Court, could the Court overturn the wishes of the Will even if the Trustees/Executors agree to them?

Browntoa

only REAL grounds are financial dependency but they would have to prove a long period of financial support from your fianc! not just a one off payment

Jenniefour

OP - did you follow what was suggested when you posted about this previously? The chances of this proceeding to court are much less likely if you have. Looks like there's a disgruntled beneficiary here who doesn't like the fact that you're also a beneficiary, and that is no grounds whatsoever for challenging a will.

Cheeky_Monkey

Yankee1971 wrote: »

Hi, I have been named as a beneficiary in my fiance's Will which is possibly being contested by an attached family member under the Inheritance Act. I have been assured by the Trustees, of which this family member is not one, that there is more than enough funds in the estate and that they would like to carry out the wishes of the Will as stated.

If this does proceed to Court, could the Court over-ride the Trustees and decide on what they think is a fair distribution of the Will?

Also, I am aware that there is a 6 month time frame given to contest the Will under the Inheritance Act. Does this mean that if an application is made to Court to contest the Will, a decision has to be made by the Court in this 6 month period or does this not matter once the application has been made? I ask this as I am anxious that this does not rumble on for years and years.

Many thanks for your advice everyone.

For reference

Mojisola

Yankee1971 wrote: »

Hi, I have been named as a beneficiary in my fiance's Will which is possibly being contested by an attached family member under the Inheritance Act.

What are the grounds for contesting the will?

Did your fiance have a spouse or minor children who were being financially supported?

konark

Yankee1971 wrote: »

. I have been assured by the Trustees, of which this family member is not one, that there is more than enough funds in the estate and that they would like to carry out the wishes of the Will as stated.
.

You seem to imply that they have some discretion to vary the settlement. In the absence of a court order the executors and trustees must follow the testator's wishes to the letter, whether they agree with them or not.

This does seem to be the usual case of an aggrieved family member who resents that someone outside the family is a beneficiary, possibly to their exclusion., and starts threatening legal action without appreciating how difficult and expensive this will be

floyd2764

Hi I have inherited a property from my late mother in her will. Myself and my late mum's common law partner are the named executors. He is currently living in said property which he cohabited with my late mum. He is refusing to go for probate unless I sign a Deed of Variation stating that I give him the right to live there. He has also threatened to go to court under the inheritance act.
I am currently in receipt of esa and housing benefit which I know I will have to stop claiming at some point. My questions are :-

1) Do I have to inform DWP and Housing Benefit that I have been left a property at this time or do I wait until probate has gone through ?

2) Would I lose my benefits if I do sign a Deed of Variation that gives him the right to live there even though I would still own the property ?

Thanks for any advice that is given - really appreciated

FreeBear

Yorkshireman99 wrote: »

It is very misleading to use Ilott as an example. The situation was exceptional and involved a charity wth deep pockets.

Agreed, the Ilott case was unusual, but I only mentioned it to show how long these things could drag on for - 15 years was exceptional, and 5-6 years would be more reasonable.

Should anyone bring up this Ilott ruling, the only point that can be relied upon in the ruling is that an adult child has the right to bring a claim. BUT he/she still has to prove the case which is no easy task.