Disputes in relation to a will can be summarised into 3 categories:
In some situations the validity of the will may be contested. Some reasons for contesting the validity of a will include:
Where the terms of the will are disputed or unclear, the executor or a person connected with the will may apply to the court for an order regarding the interpretation of a clause in the will.
There are strict time limits for such applications.
A deceased’s spouse, child or dependant may apply to the court for their proper maintenance and support if the deceased has failed to do so in their will.
The power of the court is discretionary. The court can order such a provision as the court thinks fit taking into account various factors including:
There are strict time limits to making a family provision claim. The claimant must give notice within 6 months from the date of death of their intention to make a claim. Court documents must then be initiated within 9 months from the date of death.
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