Until now, the general approach has been that a company cannot claim privilege against its own...
As a starting point, a testator has testamentary freedom to choose who they want their Estate to go to, under English law. It demonstrates the testator’s wishes.
An exception to this is where a will is found to be invalid. This can happen for many reasons, which include lack of testamentary capacity, improper execution/witnessing of the will or undue influence.
A further exception is the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”), where certain categories of applicants can ask the court to make an order to receive reasonable financial provision from the Estate (irrespective of the provisions of the will or the Intestacy Rules).
We frequently receive enquiries from stepchildren (often when the biological parent has re-married). A typical scenario is where the biological parent who dies first leaves their entire Estate to the stepparent. The stepparent then dies, leaving their entire Estate to their own children, excluding the stepchildren.
Stepchildren have standing to bring a claim under the 1975 Act. The court, when exercising its discretion, would consider a range of factors, including the applicant’s assets and means, the size of the Estate, the interests of the beneficiaries and the extent to which the stepchild was maintained by the Deceased. Maintenance doesn’t always mean direct financial payments; it could be something such as provision of rent free accommodation.
Let’s use a modern day Cinderella as an example. Cinderella’s father died, and his will left the entire Estate to his wife, being Cinderella’s stepmother. The stepmother has no intention of leaving anything to Cinderella, but instead leaves everything to her own biological children. Cinderella is completely cut out and doesn’t get anything, even after her father’s Estate has passed to the stepmother, which has now gone to the stepmother’s children.
Cinderella, who lives with her stepmother, can show that she was financially dependent on the stepmother and Cinderella can make an application to receive reasonable financial provision.
If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.
We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.
We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.
We offer an initial no obligation telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.