Contest Will

Contest Will

Didn't find your answer?

If one sibling is left out of a parents will, can the will be contested?
Barry

Replies (4)

Please login or register to join the discussion.

avatar
By neileg
22nd Aug 2008 11:37

No such rule applies within England.
Quite. At this point we don't know if the OP is talking about an English will or not, though.

Thanks (0)
Chris Caspell CTA TEP
By ccaspell
22nd Aug 2008 09:38

Scotland
No such rule applies within England.

Thanks (0)
avatar
By neileg
21st Aug 2008 14:55

Scotland
I'm not a lawyer, but I understand that under Scottish law , there is an unalienable right of children to inheirit. But I don't know how much.

Thanks (0)
Chris Caspell CTA TEP
By ccaspell
20th Aug 2008 17:58

Inheritance (Provision for Family and Dependants) Act 1975
Under this act an application may be made to the court to set aside terms of the will on the grounds that reasonable financial provision has not been made for the applicant.

The application must be made within 6 months from the issue of probate and a child of the deceased is indeed one of the persons who could make the application.

The court will consider all sorts of things including financial resources of the applicant, moral obligations of the deceased, size of estate etc. As has been said, this might be one for only the solicitors to win, but you won't know unless you go and ask. Gather all the facts together including why the sibling should get money/goods from the will (just being a child of the deceased is not enough) and go and see a solicitor and ask for a free initial consultation to see if there is a case.

Thanks (0)