Contesting a Will – Know the FACTS

This article will briefly summarize the key things you must know if you are taking into consideration How to contesting a will and you can find various tips on challenging a will. You can find info on challenging a will from various online sources.

F is for Family

In order to contest a will by making a claim under the legacy (Provision for Family and Dependants) Act 1975 you must fundamentally be related to the deceased or have been treated as such.

The Act stipulate that you must be either:

  • A baby of the deceased
  • A partner of the deceased
  • A former spouse of dead who was receiving protection and had not remarried/entered into a new social partnership at the time of death
  • Any individual who was financially dependent on the deceased
  • Any individual who was treated as a 'child of the family' by the dead
  • A co-habitee of the dead for more than 3 years
  • Any individual who received maintenance from the dead that partly or wholly maintained them right away before the deceased's death.

In adding to the above, the following may also be taken into thought:

  • Your financial circumstances and that of other beneficiaries of the estate
  • The deceased's obligation to you and other beneficiaries
  • Any deficiency you may have
  • Your connection to the deceased
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