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Wills
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If my brother has been left out of a will how long does he have to make a claim
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Your brother should be aware that most Wills are adhered to, the courts will not alter the terms of a will just because your brother asks them to.
The claim process can be very expensive and take a long time. Realistically unless your brother was financially dependant on the testator at the time of the death there is little chance of his claim being successful.
That is assuming he is contesting under the Inheritance (Provision for Family and Dependants) Act 1975.
If he is challenging the Will because he believes the testator was not of sound mind when the Will was made, or there was coercion or undue influence, or a clerical error in the Will, or he was relying on a promise the testator made, or that the testator was not of sound mind when he made the Will that is an entirely different matter.
The claim process can be very expensive and take a long time. Realistically unless your brother was financially dependant on the testator at the time of the death there is little chance of his claim being successful.
That is assuming he is contesting under the Inheritance (Provision for Family and Dependants) Act 1975.
If he is challenging the Will because he believes the testator was not of sound mind when the Will was made, or there was coercion or undue influence, or a clerical error in the Will, or he was relying on a promise the testator made, or that the testator was not of sound mind when he made the Will that is an entirely different matter.
As Barry indicates, it's important to distinguish between a claim that the will was invalid in some way (e.g. because the testator wasn't mentally competent to make the will or because the testator was coerced into making it) and a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
In the latter case, the actual validity of the will isn't being questioned but the applicant is stating that the will failed to make "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance". [That's a direct quote from the Act].
It follows from that any such claim would be certain to fail unless the applicant could show that he could reasonably expect to receive something from the will "for his maintenance". i.e. a claim will be doomed fail if an applicant simply says "I'm a child of the testator, therefore I think I should get something". He will need to show that he had a right to expect something "for his maintenance".
For example, a disabled adult who was living with (and being supported by) a parent might be able to convince a court that a will which made no provision for their ongoing support should be varied through a court order. Whereas an adult who wasn't being supported in any way by a deceased parent would almost certainly fail in any claim under the Act.
The time limit for bringing a claim under the Act is 6 months from the grant of probate.
In the latter case, the actual validity of the will isn't being questioned but the applicant is stating that the will failed to make "such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance". [That's a direct quote from the Act].
It follows from that any such claim would be certain to fail unless the applicant could show that he could reasonably expect to receive something from the will "for his maintenance". i.e. a claim will be doomed fail if an applicant simply says "I'm a child of the testator, therefore I think I should get something". He will need to show that he had a right to expect something "for his maintenance".
For example, a disabled adult who was living with (and being supported by) a parent might be able to convince a court that a will which made no provision for their ongoing support should be varied through a court order. Whereas an adult who wasn't being supported in any way by a deceased parent would almost certainly fail in any claim under the Act.
The time limit for bringing a claim under the Act is 6 months from the grant of probate.
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