Within our jurisdiction, people can leave their estates to whoever they wish and there are no set rules for who you have to provide for. If family members are not happy with their provision from the estate of a loved one then they are able to challenge this through the courts in a number of different ways.
In an ongoing legal battle in the High Court a son is trying to challenge his parents’ Wills, though the interesting part of this case is that his parents are still alive.
The family had a falling out at Christmas 2016, resulting from the mother’s dislike of her son’s girlfriend. After this falling out, the parents changed their Wills and made no provision for their son.
It is the son’s position that he has been promised the family farm unconditionally and has relied on this to his detriment by working on the farm since the age of seven. He says that as a result of this promise his parents have now given up the right to change their Wills and must provide for him in their Wills.
The parents say that they never gave up the right to decide what happens to their property when they die, especially as they say their son is not even interested in farming. They say that they have provided for their son all his adult life as he has continued to live on their land, paying nothing for utilities and at times food.
No decision has been delivered at present though the outcome of this case could fundamentally change the principles of probate.
If you think you may want to challenge an estate, it is important that you seek specialist legal advice as soon as possible. The time limit for these claims can be very short, therefore it is important to move quickly otherwise you could miss out if you wait too long.
For a fixed fee of £150, you can have a 30-minute appointment with a specialist, either on the telephone, or face to face, depending on your preference. We will take some brief details from you before the appointment, and we will then discuss your case with you, and what your options are. Call us on 0175 321 6399 and if your case is something we can assist you with then further funding options can be discussed.