It is at the discretion of the owner of a Will as to who their beneficiaries are going to be. While it might seem unfair to you if it is revealed that you aren’t named in the Will at alland aren’t in direct line to inherit anything from thedeceased’s estate, that is unfortunately just the way it goes. If it is proven that the person purposefully left you out of the Will, it makes very little difference if it was done with malicious intent or accidentally. Executors must follow instructions and carry out the Will as directed by the deceased. However, there are some instances where you may question a Will, and here we shall discuss those instances and what steps you can take at times like this.

Invalid Will
Due to a Will being an official, legally binding document, bureaucratic proceedings will take place to stringently verify and ensure that the document is perfectly free of errors and ambiguity. This is why working with a solicitor is highly recommended when creating your Will. Once a Will is found invalid, however, that will throw a spanner in the works. If significant errors can be identified in the Will, or it’s proven that the person who wrote the Will, whether it was the person themselves or someone acting on their behalf, wasn’t of sound mind at this time, then that could also invalidate the Will. If you believe that that person was unduly influenced when creating their Will, either by a friend or relative, this could also invalidate the Will.

Financial Provisions
There are some cases where a Will has been contested because the person who died failed to make reasonable financial provisions for someone who was being taken care of financially before they died, such as a child or other dependent. Under the Inheritance Act 1975, it states that spouses, cohabitants of two years or more, and children of the deceased, as well as anyone else who can prove they were being willingly financially supported, are able to put forward a claim. The process of this is naturally going to be complex and can drag the execution of the Will out extensively, so be prepared for this.

Find A Missing Will
There are some instances where a Will simply cannot be located. Either it was hidden away too well, in an attempt to keep people from learning who is in the Will and who gets what, and in some cases, to prevent anyone from tampering with the Will. Unfortunately, because of this, finding a Will isn’t always the easiest task. Wills can also be changed over the years, and if the most recently adjusted Will is hard to locate, you might find that the process may have been started using an old Will. Expert solicitors, such as those at Hugh James, can help with contesting a Will while you search for the most recent Will. They will also be able to help you understand the ways in which you can contest a Will if you’re unsure of how to do so or are unsure on what grounds you can contest a Will.

Disputes In Probate
During the probate proceedings, which is where a Will is validated, and executors are confirmed by a legal entity, those dealing with the estate and distribution of assets and belongings can often make mistakes. While they must follow the desires of the person who has died, you might not get what you expected by distributing things to beneficiaries as laid out in the Will. Suppose you feel as though the executors or administrators of the estate have failed to properly distribute assets correctly, leaving you with much less than you think you deserve. In that case, you could make a claim that they have breached their duty of care and have failed to properly manage the estate.

Making An Inheritance Act Claim
Under the aforementioned Inheritance Act 1975, you may be able to make a legitimate claim if you have been left out of a Will and were a close family member or dependent that relied on the deceased for financial security. This means you could potentially make a successful claim for reasonable financial provision, which would be your share of the inheritance. It’s worth working with a professional solicitor on this, as the process is complicated. There may also be times when a solicitor can identify that you don’t stand a chance with a particular claim and may be able to advise you not to pursue a claim. This may ultimately save you time and money instead of paying for a solicitor for a claim you are unlikely to win. A solicitor will also be able to take charge of this claim all on your behalf, freeing you from the stressful and unpleasant process of making a legal claim of this sort.

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