For those with minimal legal knowledge, wills can be complex areas to consider. These considerations complicate matters in those cases where parties try to figure out who can challenge a Will. There’s a number of reasons why someone might contest a will, but not everyone can do so.
There are clear legal guidelines stipulating just who can challenge a will, and if you do not fit it into any of the following categories then you may not be allowed to pursue your challenge. If you do feel that you need to challenge a will, knowing just who is legally allowed to do so could save you both time and expense.
Family Members
The main group with legal permission to challenge a will are family members. It could be that they are hoping to restore an earlier version of the will. Alternatively, it’s possible they’d ask a court to declare that the current will is invalid.
This second challenge is usually in cases of ensuring that the rules of intestacy become applicable. It is worth considering the area of bloodline relations, also. Blood family members (rather than marriage) can make their challenges with the backing of the Inheritance Act.
Will Beneficiaries
If you’re a beneficiary of a will and its executors fail to grant you your inheritance, then you’ll most likely be able to make a claim for will disputes. If the executor of a will does not carry out their duties, the law considers them to be acting unreasonably. In short, the executor isn’t fulfilling their function in terms of distributing the estate.
Previous beneficiaries of earlier wills
Wills often receive regular updates. Accordingly, you might fear that a later version of the will doesn’t benefit you adequately.
But you may be able to contest the will. This can be a difficult area to proceed in. Accordingly, there are a number of issues that will need an assessment before you move forward. Such as providing proof of previous versions. Always discuss this option with experienced legal professionals.
If you are a creditor
If the testator owes you money, you should always look at obtaining legal advice as quickly as possible. You will have to ascertain whether there’s been the issuance of a Section 27 Notice. That’s because this will help support your grounds for contesting a will. If so, the process for making your claim to recoup those unpaid debts is much smoother.
Unmet Promises
If the testator promises you will receive something from their will, you’ve reason to expect it. But they might not follow through on that promise. As a result, you may be able to contest the will if you suddenly find that they back out on their promises.
Unmet promises, in fact, are one of the most common reasons to contest a will. Especially if the claimant is able to show they were relying on that money or those items.
Reasonable Provision
If you count on the testator financially, you can make a claim of Reasonable Provision. You do not have to be related to the deceased in order to make this will dispute type. If the will provides for you in terms of finances or accommodation, reasonable provision is possible in the Inheritance Act.
Now you know Who Can Challenge a Will!
In any legal situation, act quickly. In short, the quicker that you get advice from will dispute solicitors, the faster you’ll reach a satisfying conclusion. If you feel that you have valid reasons to challenge a will, determine which category of challenge you wish to pursue. Then discuss the next steps with your legal advisors.