Ask The Legal Expert: Can I Challenge A Will I Deem “Unfair”?

Richard Howells, Director and Head of Inheritance and Trust Disputes, explains the options available for those who wish to challenge the decisions made in a Will.

The recent case of Howe vs Howe demonstrates that it is possible to challenge the outcome of a Will, and to have that challenge upheld by the Court, even if the deceased was of sound mind when writing their Will. However, it is vital that inheritance and trust disputes – also referred to as Contentious Probate – are approached carefully and with expert legal advice, as Court battles can become incredibly costly.

Jenna Howe took up a legal battle when she was cut out of her father’s Will worth £1.4m, and won a £125,000 payout as a result, in line with the 1975 Inheritance Act.

The Inheritance (provision for Family and Dependants) Act empowers the Court to make orders for the estate of a deceased person to make a provision for a spouse, former spouse, child, child of the family or dependent of that person.

The Court found that, despite her father’s decision to cut her out of his Will just three years before he passed away, Ms Howe was owned reasonable provision out of her father’s estate.

Her original claim was for £450,000, to cover needs such as paying off over £60,000 in debts, £315,000 for a new home, £20,000 for a new car and £8,000 to launch her new career as a beautician. However, the Court ruled that she was not entitled to have a property, car or debt recovery bought from her father’s inheritance.

Instead, the Court agreed that Ms Howe deserved payments to help her turn her life around due to the ‘toxic relationship’ and cruelty she had experienced at the hands of her father, which likely caused her health issues that prohibited her from working.

As a child, Ms Howe developed an eating disorder and mental health issues, caused largely by the ‘belittling’ and ‘taunting’ from her father. Currently described as ‘destitute’ and recovering from drug addiction, Ms Howe’s claim was for reasonable provision as she insisted her life had been ruined by his neglect throughout her childhood.

The judge said: 'The view I have come to is that, in the exercise of my discretion, a lump sum award should be made in her favour from the estate to meet Jenna's present and future financial needs in light of her mental condition, which has driven most of those needs.'

While the trial was partly successful for the claimant, it is important to remember that going to Court can be expensive and stressful. The death of a relative inevitably causes emotions to run high, and it is vital to seek expert legal advice and guidance if you are dealing with contentious probate. Your Solicitor can advise you how to get the best outcome for your circumstances, aiming to avoid costly and long drawn-out legal battles in Court.

For expert advice on Inheritance and Trust Disputes, JCP Solicitors can help. As members of ACTAPS, the Association of Contentious Trusts and Probate Specialists, our team can support you through legal claims dealing with Wills and Probate. Call 03333 208644 or emailing hello@jcpsolicitors.co.uk.