Under UK law, Parents Wills can be contested if it fails to make ‘reasonable’ provision for certain relations of the deceased. The Inheritance (Provision for Family and Dependants) Act 1975 sets out the criteria for contesting a Will under these circumstances.

Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 sets out a definitive list of those persons whom can contest Parents Wills under this Act:

  • Spouse or civil partner of the deceased
  • Former spouse or former civil partner of the deceased providing that they have not since remarried
  • A child of the deceased
  • Any person who was being maintained, in whole or part, at the time of the deceased’s death
  • Any person who at was living in the same household as if married or in a civil partnership with the deceased for the entire 2 year period leading up to their death
  • ‘Any person…who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family.’

By meeting one of these criteria, this would then allow you to make an application to the Court to contest your Parents Wills. It is important to note that each case is treated on an individual basis and the Court are required to consider several detailed aspects of the case before making their decision.

Section 3 of the Inheritance Act sets out the necessary elements for the Court to consider before making judgment:

  • The financial needs of the applicant in question
  • The financial needs of any other applicants
  • The financial needs of any beneficiaries of the Estate
  • Any obligations that the deceased had towards the applicant or any beneficiary
  • The size and nature of the Estate
  • Any disability of any applicant or beneficiary
  • Any other relevant matter

Having considered all of the above factors, the Court has the power to utilise a variety of means in which to grant provision for a successful applicant including a lump sum, periodical payments or the transfer of possessions or property. Any beneficiaries included within Parents Wills usually still receive part or all of their legacy depending upon the decision of the Court.

Due to the fact that each case is decided on an entirely individual basis, if you are considering contesting Parents Wills it is highly advisable to consult with an experienced Solicitor before embarking on what could be a costly and lengthy legal process. At Andrew Douglas Wills & Legal Services we specialise in this area of the Law so why not call today to arrange your free initial consultation? Whether in Braintree or the surrounding areas of Essex, call today and ask about our fully remote legal advice service.

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