Can grandchildren contest a Will UK?

After the death of a grandparent, a grandchild may anticipate being left something in the Will. If they are not or there are concerns that the Will is not valid, then a grandchild or their representative may want to challenge the Will. Below, we answer the question, Can grandchildren contest a Will? and look at the grounds on which a valid case can be made.

At Lockings Solicitors, we represent beneficiaries, claimants and executors in dealing with contested Wills and inheritance disputes. We have wide experience of all types of claims, including complex and high-value disputes.

Associate Director Sarah Thomsen leads our contentious probate team. As well as specialist knowledge of Wills and inheritance disputes, she has over twenty years of litigation experience and also heads our civil litigation department. She is a member of ACTAPS, the Association of Contentious Trust and Probate Specialists, the lawyer group for contentious probate experts. Sarah leads a team with extensive knowledge of all aspects of this area of law.

If you would like to discuss how to contest a Will for grandchildren, call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will ring you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

Can grandchildren contest a Will UK?

While people in the UK have the right to leave their estate to whomever they choose, it is sometimes possible to make a claim against an estate or challenge the validity of a Will.

If a grandchild is left out of a Will or the Will is not valid, they may have grounds to make a challenge. Grandchildren under 18 can be represented by an adult, known as a litigation friend, who will manage the case on their behalf.

When can grandchildren contest a Will?

Inheritance Act claims

If someone is left out of a Will or receives less than they need to support themselves, they may be able to make a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act).

A claim can also be made if the deceased did not leave a Will. In this case, their estate would pass under the Rules of Intestacy to relatives in order of preference. A spouse or civil partner and children would take precedence over grandchildren. This means that if there is no Will, grandchildren often do not automatically inherit anything.

The Inheritance Act permits certain individuals to make a claim against the estate, including:

• Anyone the deceased treated as a child of the family; and
• Anyone the deceased was supporting at the time of their death

This support could be financial or another type of contribution such as the provision or subsidising of housing.

In making a successful Inheritance Act claim, a grandchild will need to provide evidence of the above.

If the claim is allowed, the court will award ‘reasonable financial provision.’

What is ’reasonable financial provision’ in an Inheritance Act claim?

The courts hold that ‘reasonable financial provision’ is not enough money to allow someone to live in luxury, but it is more than just subsistence.

In deciding how much to award, the judge will take the following into account:

• The claimant’s financial needs and resources, including in the foreseeable future
• The financial needs and resources of any other claimant
• The financial needs and resources of the estate’s beneficiaries
• Any obligations and responsibilities the deceased had to other beneficiaries and claimants
• The size and nature of the estate
• Any physical or mental disability of any beneficiary or claimant
• Any other relevant factors

Reasonable financial provision could include ensuring a child has their housing and care needs met, particularly if they are under 18.

Invalid Will

A Will may be invalid for a range of reasons, including:

• The execution of the Will was not carried out correctly
• The person who made the Will (the testator) did not understand the implications of signing the Will, known as a lack of testamentary capacity
• The testator was unduly influenced into making the Will in the way that they did
• The testator did not have the necessary knowledge and approval of the contents of the Will
• Fraud or forgery

If you feel that any of the above apply, you are strongly advised to speak to a contentious probate lawyer about challenging the Will.

Who can represent a grandchild in a Wills claim?

If a grandchild is aged 18 or over and has the mental capacity to manage their own affairs, they are old enough to represent themselves in making a claim against an estate. This will generally be by instructing a contentious probate solicitor to deal with the case.

For grandchildren aged under 18 or who do not have the ability to make decisions for themselves due to illness or disability, they can be represented by someone known as a litigation friend. This will usually be their parent, guardian or other close relative.

A litigation friend must act in the grandchild’s best interests at all times. They can discuss the case with the grandchild if they are old enough to understand. The litigation friend will be in charge of instructing the solicitor and taking and acting on their advice.

Is there a time limit for a grandchild to make a claim against an estate?

It is always advisable to start proceedings as soon as possible. This can make it easier to secure evidence and obtain witness statements while details are relatively fresh in people’s memories.

In any event, an Inheritance Act claim should be started within six months of the date of the Grant of Probate or Grant of Letters of Administration. There is some scope to ask for an extension to this deadline, but you are strongly advised to meet it if you can, as the court does not have to allow any more time.

Does contentious probate go to court?

We always aim to settle claims out of court where possible. Estate executors or administrators are often prepared to negotiate to reach an agreement so that they do not have to delay the estate administration.

We can prepare a strong claim on your behalf and work to try and find an acceptable solution. If necessary, we can take your case to court.

Contact our solicitors to contest a Will

If you want to discuss how to contest a Will on behalf of grandchildren, our contentious probate solicitors will be happy to help.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.