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
A pension attachment order can be used on divorce, dissolution of a civil partnership or as part of a judicial separation agreement. A pension attachment order requires payment by the pension company of some or all of a policyholder’s pension benefits to the ex-spouse or ex-civil partner, when the pension becomes payable to the policyholder. These benefits can be in the form of periodical payments (numerous payments over time and at specified intervals) or a lump sum (a single payment). If a pension attachment order is in existence and the pension concerned is transferred from one provider to another, the attachment order will be transferred to the new fund.
In practice, pension attachment orders are rarely used, as courts prefer to use pension sharing orders. Instead of paying the ex-spouse or ex-civil partner out of the policyholder’s fund, pension sharing orders divide rights under a pension scheme so that each spouse has their own independent rights under that scheme or under two separate schemes. For further details, read What is a Pension Sharing Order?
The definition of a relevant establishment is a question of fact for an Employment Tribunal. Guidance from case law says that ‘establishment’ should be interpreted very broadly (so as to avoid employers escaping the need to collectively consult), and may consist of:
- A distinct entity
- With a certain degree of permanence and stability
- Which is assigned to perform one or more tasks
- Which has a workforce, technical means and a certain organisational structure to allow it to do so
However, there is no need for it to have the following:
- Legal, economic, financial, administrative or technological autonomy
- A management which can independently effect collective redundancies
- Geographical separation from the other units and facilities of the undertaking
We have developed a toolkit to assist with compliance. The Toolkit contains a specimen contract; detailed guidance; step by step guides and flowcharts; details of the factors to take into account for the status determination test; procedures for challenging the determination; and standard letters for the process. Click here to fill in a form and register your interest in the Toolkit, which contains:
- Detailed guidance in the form of Key Facts
- Employment status checklist
- Employment status assessment flowchart
- Status questionnaire and guidance
- Letter confirming self-employed status (agency)
- Letter confirming employed status (agency)
- Letter confirming self-employed status (direct with PSC)
- Letter confirming employed status (direct with PSC)
- Status disagreement process guidance
- Status disagreement process flowchart
- Letter confirming outcome of status disagreement process
- Consultancy agreement
The Bill allows the Secretary of State to make regulations to temporarily extend various filing date deadlines for companies. These include deadlines for filings accounts, confirmation statements, charges register, director and secretary appointments and resignations. The extended period must not exceed 42 days where the existing period is up to 21 days, or 12 months where the existing period is 3, 6 or 9 months.
Physical bundles may not be regarded as safe for public health and there are obvious difficulties in providing them with the current restrictions in place. Electronic bundles should be provided in PDF format, preferably paginated, indexed and bookmarked. The bundles should only contain documents and authorities that are essential to the issues required to be decided at the remote hearing and should be filed with the court by email.