Who has the right to challenge a Will?
It is possible for anybody to challenge the validity of a person’s Will. In reality it is usually the case that challenges are only brought by people who would benefit under an earlier version of the Will and as such, it is often only people with a financial interest under previous Wills who seek to bring claims which challenge the validity of a Will, or people who would be financially better off if there was no valid Will and the intestacy rules applied.
The position is different in relation to claims under the 1975 Act, where there is a specific list of people who are eligible to apply for an order that a Will does not make reasonable financial provision for them. This includes spouses, former spouses, children, cohabitees and people who were being maintained by the deceased. More information can be found at below in the FAQs relating to financial provision.
Related FAQs
As the law stands, the financial rights of unmarried couples are limited. It is a myth that somebody can become a common law spouse if they have lived together for a number of years. If a couple is not married, there is no entitlement to maintenance (income on an ongoing basis) or to a share of the other’s assets no matter how long they have been together for. A person who has enjoyed a particular lifestyle, living in their partner’s house and with their partner meeting the day to day living costs may find themselves in a difficult financial position on separation as the financially stronger party is not obliged to provide housing nor to continue meeting living expenses.
That said, there are two indirect options to consider.
If there are children, they may be able to claim child maintenance from their partner and depending upon circumstances, they may be able to obtain an order to be provided with accommodation for them and their child until the child turns 18. However the house is normally returned to the party who has provided it once the child turns 18.
Another option to consider is whether you have or have acquired an interest in property belonging to a partner due to agreements reached and the way you have conducted your finances. This however can be a complicated area of law which is very fact specific and requires specialist legal advice.
The Government’s guidance says walk, cycle or drive to work and avoid public transport if you can. Businesses will need to support workers in adopting alternative travel methods to reduce exposure to the virus. You could consider staggering start and finish times for shifts to reduce commuting during peak hours, or support cycling with secure storage facilities and a drying room.
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.
The Grant of Probate is the legal document issued by the Probate Registry which confirms that the executors of the Will have the legal authority to deal with the estate.