Got cut out of a will?
Sadly, disputes over estates are becoming increasingly common. They can arise where a parent dies leaving an ill-considered will or perhaps an adult child thinks the will is unfair.
A will-maker has a moral duty to provide for close relatives including a spouse or partner, children, grandchildren and others in certain circumstances. If they do not make adequate provision for that person’s proper maintenance and support, a claim can be made against the estate.
Just because someone hasn’t left their estate to their children equally doesn’t mean a claim can be made. There are several relevant factors to consider. However, if a close relative has been “cut out” and either their behaviour during the will-maker’s lifetime doesn’t amount to “disentitling conduct”, or the size of the estate is such that no immediate provision is available, usually a person would be successful in bringing a claim.
Estate disputes can be costly, stressful and drawn out. It is important that you take legal advice from an expert who knows the law, can obtain the relevant information and can advise you about your prospects of success from the outset and not simply fire off an application to the court.
Disclaimer: The contents of this article are general in nature and are not intended to serve as a substitute for legal advice on a specific matter. In the absence of such advice no responsibility is accepted by Bryce Williams Law Limited for reliance on any of the information provided in this article.