Legal Question in Wills and Trusts in United Kingdom
Wills: Challenging
Had been receiving financial support from father due to Multiple Sclerosis and person in question has only a few years left.
This has since stopped as he has passed and only support now comes from any interest accrued from money from trust set aside which on the person in questions passing results to his children. This 'support' equates to around half of what was already being received, while wife of 2 years is getting the house, life insurance money as well as substantial investments in various companies.
Questioning possibility of application under Inheritance (Provision fro family and dependants) act 1975.
What do you recomend? Do you think there is a cause for an application?
1 Answer from Attorneys
Re: Wills: Challenging
This would appear to be exactly the situation that the 1975 Act was passed to remedy. This person was being maintained by his/her father but inadequate provision was made in the father's will. A court would be unlikely to find it reasonable that a wife from a short marriage should inherit substantial assets to the detriment of a disabled child.
That said it would be impossible to advise fully without much further information. There is certainly the suggestion that an application should be made but such are rarely straightforward and often give rise to considerable acrimony. I would however be happy to advise further either in conference or by way of written advice through the Legal Zone website.
Andrew Dutton
www.legal-zone.co.uk
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