Legal Question in Wills and Trusts in United Kingdom
Can I challange the will ?
My father and mother divorced. At that point my father's uncle took the verbal commitment to pay my mother a monthly fee so that she can stay at home and take care of me and to take care of my education. The agreement was verbal but with witnesses. For about 7 years this was done and when he became very ill he called us and said he will leave a sum of money for my education and for my mother in his will. We received a small sum shortly afterwards in his name from my great aunt, but then he died. Being a rich man having a British citizenship and living in U.K. my other relatives did in such a way that I didn't receive anything. Is it possible somehow to find out where the will is, to view it? And if I am not included, which I doubt, can I challange it, saying that he took a verbal agreement of sustaining us which he did for 7 years thus my father not paying a monthly fee for me? Any solutions pls?
1 Answer from Attorneys
Re: Can I challange the will ?
Hi. I am presuming that your late father died in the UK and that this matter is governed by the law of England and Wales.
A will is a public document and it is quite easy and straightforward to either purchase a copy for a nominal fee from the probate registry in London, or view the will free of charge on attending at the registry and take copies. This must be the first step to establish the position.
It would sound very much from what you say that as a child of the deceased you have a right to provision from your father's will under the The Inheritance (Provision For Family And Dependants) Act 1975.application should be made within six months of the grant of probate although the court does have power to extend this period. From the facts you have set out it would seem that you are exactly the sort of case which the act is intended to cater for, and that you have a very good case for claiming financial provision.
If you would like further information about how to go about making a claim and further opinion on your prospects do please get in touch.
Andrew Dutton
Legal Zone
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