Have you been left out of a will?

Being written out of a will can be distressing and unfair. Whilst an individual is free to leave their property and assets to whoever they wish, in certain circumstances this can be challenged and the law will intervene.

Wills can be challenged for a number of reasons. For example, if the person making the will was forced to sign, they were suffering from serious dementia when the will was signed, or it does not comply with legal requirements.

You may also be able to challenge the validity of a will:

  • if your spouse or partner did not make adequate financial provision for you; and/or 
  • you have been financially dependant on your spouse or civil partner.

The Court has a wide discretion to redistribute the assets of the deceased to provide a fair result. The Court would take into consideration factors such as your age, the duration of marriage and the size of the estate. The Court would also consider the likely outcome if, on the date of your spouse's death, your marriage had ended in divorce.

If you have been written out of a will, and you believe you have a claim, you need to act quickly - you only have six months from the date of the Grant of Probate to make a claim.

Samuels are experts in assisting clients who have been unfairly left out of a will. Contact us today for a free no obligation discussion about how we can help. 

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