Where there is a Will… there may still be another way

Oonagh McVeigh, Solicitor

Losing a family member or a loved one is very emotional and this time can become even more difficult if you feel that you have been unfairly excluded from the deceased person’s Will. The deceased person may or may not have given reasons for excluding you from their Will and you may never know the reasons why.

If you do decide to contest the Will, there are a number of legal grounds under which you may challenge the will and these include:

• the deceased person lacked capacity when they made the Will.
• the Will was fraudulently made.
• the Will was drafted incorrectly and is invalid. the Will was drafted incorrectly and requires rectification.
• there was undue pressure on the deceased person to make the Will.
• the Will uses unclear wording which requires clarification.

You need to be aware that there are time limits in place for challenging a Will and you should contact a solicitor as soon as possible if you are considering contesting a Will.

You may also qualify for a claim under the Inheritance (Provision for Family and Dependents) (Northern Ireland) Order 1979. This legislation may provide for a dependent of a deceased person who has been excluded from a Will.

The recent case of Ilott v. Mitson gained a lot of media attention when Ms Ilott was awarded a sum of money under this legislation despite being excluded from her late mother’s Will.

Such cases can be prolonged and may cause serious rifts in a family which may never be healed. The advantages and disadvantages should be considered before deciding to issue proceedings.

For more information about this article, or any other aspect of our private client solutions, please call Oonagh McVeigh, Solicitor, on +44 (0) 28 9077 4500