Families are funny things, and sometimes not “ha ha” funny either. In today’s society, with divorce and remarriage a common prospect for many, the state of being a second family, step-family or other familial configuration is commonplace. And while it’s certainly a good thing that these family forms are no longer vilified and stigmatised as much or as often they used to be, relationships that have ended can often cause lifelong issues and disputes.

In fact, such disputes can emanate after death and a recent Will dispute heard in the High Court is evidence of this.

Father leaves birth children out of his Will

In Re R (Deceased) [2021] EWHC 936 (Ch) a claim was made under the Inheritance (Provision for Family and Dependants) Act 1975 by the estranged children of a man who left the entirety of his estate to his parents and partner of seven years. The estate was valued at £814,000.

The court heard that when the man and his former wife divorced, the deceased made no attempt to pay child maintenance for the children and that contact between the deceased, his children and former wife was negligible. The mother made no attempt to pursue the man for child maintenance.

In cutting his children out of his Will, it appears that the deceased understood that the Will might be contested as he had included a statement explaining his reasons for the exclusion. Despite this, in his High Court judgment, Master Teverson held that the Will failed to make reasonable provision for the deceased’s children. They were awarded a total of £185,984, although this was far below the total sum of £811,949 they had sought.

Can you dispute a Will

There are four main types of claim in contested Will and probate cases in which someone feels unfairly left out of a Will. These are:

• The Will fails to make provision for those who would reasonably have expected to inherited part of the estate under the Inheritance Act
• The Will is invalid due to poor execution and did not reflect the wishes of the testator (for example, a name was mistakenly left off the Will by the person who drafted it)
• The testator was coerced or under undue influence when drafting the Will and so the Will is invalid.
• The Will is invalid due to lack of testamentary capacity i.e the testator failed to understand the ramifications of the contents of their Will.

Expert contentious probate solicitors are essential

Contested Wills and probate claims are complex and can be extremely costly, sometimes to the detriment of the estate. It is therefore crucial that you receive legal advice from an experienced contested probate solicitor and that the possible outcomes of the claim are explained to you in detail.

Judges have recently been vocal in their distaste for “hopeless” contested probate cases and the sad reality is that even if you feel unfairly cut out of a Will, sometimes it may not be financially viable to pursue a claim.