Challenging an inheritance: identify the claim and the deadline

Is the will itself challenged?

A will dispute may concern execution, capacity, knowledge and approval, undue influence or an alleged forgery. A drafting or signing mistake can raise a different question about interpretation or rectification. Preserve the will, earlier versions and relevant communications. The Marley case below illustrates why the precise error matters.

Is reasonable financial provision sought?

An eligible person may seek provision under the Inheritance (Provision for Family and Dependants) Act 1975 even where the will is valid. Eligibility and the applicable standard depend on the relationship and circumstances. An adult child is not automatically entitled to an equal share.

Section 4 ordinarily requires an application within six months from the date representation is first taken out. Later claims need the court’s permission. Do not calculate the date from death alone, or assume negotiations or a caveat stop time running.

Was an inheritance promised?

A claim based on a property promise and detrimental reliance may involve proprietary estoppel. It is not the same as challenging a will or seeking maintenance. Guest v Guest concerned that distinct route and the remedy for a broken promise.

Discuss funding at the outset

Ask about the investigation budget, hourly or fixed fees, insurance, any conditional arrangement and exposure to an opponent’s costs. In Hirachand, the Supreme Court held that a 1975 Act award cannot include an allowance for a conditional-fee success fee. Do not assume the estate will pay every legal expense.

Bring a short chronology

Set out the date of death, the grant date if known, relevant wills, the relationship to the deceased, the concern, the remedy wanted and any deadlines. Mark allegations and uncertainty clearly. Obtain advice promptly rather than waiting until every document has been gathered.