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What if I was promised something which isn’t contained in the Will?

If the testator promised you something during their lifetime which they said that you would inherit on their death, but then this was not provided for in their Will, you may be able to bring a claim known in legal terms as either proprietary estoppel or promissory estoppel.

You must be able to show that the testator made you a promise during their lifetime, that you relied on that particular promise and the reliance that you placed on the promise was to your detriment.   You can find more details above in the FAQ – How long do I have to contest the validity of a Will?

Related FAQs

What are the NICE protocols around a patient’s ongoing treatment whilst in critical care during the pandemic?
  • Start critical care treatment with a clear plan of how the treatment will address the diagnosis and lead to agreed outcomes.
  • Review critical care treatment regularly and when the patient’s clinical condition changes.
  • Stop critical care treatment when it is no longer considered able to achieve the desired outcomes. Record the decision and the discussion with family, carers and the patient (if possible).
What happens if the injured person cannot speak to a lawyer?

We are quite used to situations where the injured party is unable to speak because they are in ITU or have suffered a brain injury. In a case like this we would speak to the person wishing to represent the injured party and give the relevant advice and information to enable them to begin the claim on the injured persons behalf.

What is a pre-nuptial agreement?

A pre-nuptial agreement is a legal agreement made between two individuals before they marry. A pre-civil partnership agreement (or a pre-registration agreement) is a legal agreement made between two individuals who are planning to become civil partners. These agreements work in the same way as pre-nuptial agreements.

The pre-nuptial agreement usually sets out how the couple wish their assets to be divided between them if they later separate or divorce. Some agreements also detail how the couple currently arrange their finances and how they will arrange their finances during the marriage or civil partnership.

A pre-nuptial agreement can provide the benefits of transparency in relation to financial affairs, certainty as to how assets would be divided if the parties separate or divorce and protection for assets (such as inherited wealth or pre-marital property) from a later financial claim.

Pre-nuptial agreements therefore reduce the risk of there being uncertain, emotionally draining and financially costly court proceedings if the marriage does break down in the future.

If you believe that you may require a pre-nuptial agreement or have any questions about these agreements you should seek legal advice from one of our specialist matrimonial solicitors.

Does an employee who is furloughed lose his/her benefits under an EMI share option?

One of the key legislative requirements of EMI is that the employee satisfies the working time requirement, which is that they work at least 25 hours per week in the company or, if less, 75% of the employee’s total working time. If the working time requirement ceases to be met, then there is a “disqualifying event”. That means that the tax benefits of EMI ceases. It may also mean that the option lapses, but that depends on the specific terms of the option.

An employee who has been furloughed is by definition no longer working 25 hours/week and therefore on the face of it, there is a disqualifying event. However, the Government has tabled an amendment to the Finance Bill currently going through Parliament providing in effect that time not worked because an employee has been furloughed counts as working time, both for determining whether the working time requirement is met initially and whether there is a disqualifying event. Provided this amendment is enacted, this should address the issue.

How long do I have to bring a claim?

Anybody who wishes to make a claim for provision under the 1975 Act must be issue their claim at court within 6 months of the Grant of Probate being issued in the deceased’s estate.

This does mean that it is quite important to act quickly if you believe that you may wish to bring a claim under the 1975 Act against an estate.  Whilst it is possible to make an application for financial provision more than 6 months after the issue of the Grant of Probate, the court would need to be satisfied with the reasons which are provided for the delay.