I’m not happy about my partner’s Will. What can I do?

Napthens - March 7th 2017

Click here to read video transcript

I’m not happy about my Partner’s Will. What can I do? 

“There are a limited number of ways in which a Will can be challenged by disappointed beneficiaries.  The most common reason to challenge is that the Will fails to make reasonable financial provision for the beneficiary.  Certain individuals including spouse, cohabitees, children and anyone who was financially dependant on the deceased can bring such a claim.  Whether the claim is successful will depend on a number of factors and regard will be given to the claimant’s financial circumstances, those of any other beneficiary and the amount available for distribution in the Estate.

There may also be concerns about whether the Will is legally valid and if the provisions of the Will are unexpected or unusual in some way it may be appropriate to explore the circumstances surrounding the making of the Will, particularly if it was made at a time when the deceased may have been vulnerable.    A Will may be invalid if the deceased lacked the necessary understanding or mental capacity to make a Will or was unduly influenced by the actions or wishes of another to make a Will in those terms.  It should also be considered whether the Will was made in such a way to comply with legal requirements.

If you have queries about this or any other topic please don’t hesitate to get in touch.”