Monday, 26 September 2016

THE WILL TO LITIGATE

A big increase is reported today in children over 18 challenging the will of a parent.  It's not only a child (young, old, fat or thin) who may be able to ask for something or more under the Inheritance (Provision for Family and Dependants) Act 1975 but a number of others. They include a spouse or partner, a former spouse or partner or anyone who was being wholly or partly supported by the deceased immediately before death. They can also go to court if there was no will and so the intestacy laws kick in but they reckon they operate unfairly against them.

Court proceedings have to be started within six months of probate (in the case of  a will) or letters of administration (in the case of no will). The court has the power to extend this time limit.

Are you dissatisfied or do you want to try and protect against a successful challenge to your will once you have passed on? Take a look at Breaking Law, chapter 32.