Did you know a spouse or child can challenge an unfair will?
If someone dies leaving a will that disinherits that person’s spouse or child, then those individuals may be able to challenge the will in court. It’s called a wills variation lawsuit. The child or spouse shows that the will didn’t leave enough to that person, and asks the court to change the will accordingly.
The court has broad power in deciding whether and how to vary a will, and considers numerous factors. Those factors include things such as: whether the child or spouse reasonably expected to receive something under the will; whether the will-maker had reasons for leaving someone out of the will; and whether neglect or estrangement played a role in the family relationship.
While the court must respect the wishes of the person who left the will, it must also consider what is fair in all of the circumstances. It’s easy to see how this kind of litigation can get contentious. For example, If the will-maker left an explanation for the disinheritance, the child or spouse should be prepared to show that those reasons were false or unpersuasive.
A spouse or child of a will-maker who thinks that the will was unfair should seek legal advice – and quickly. There are short deadlines for filing and serving a wills variation lawsuit so contact Ambleside Law today for confidential advice.