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Contradicting a promise - contesting a will In some instances, it is possible to bring a will claim contesting a will on the basis that the will in dispute is inconsistent with a promise or commitment made by the deceased when he or she was alive. Examples of will claims contesting a will in this way include:
· Where two people agree to dispose of their property in their Wills in a particular way and have made 'mutual wills', but after the first dies the other reneges on the agreement and changes his or her Will.
· Where someone is promised that he or she will inherit under the Will and relies on this promise (eg by working without pay having been told that they will inherit under the Will) but then is left out of the Will. This is known as proprietary estoppel and is a ground for a will claim to contest a will.
· Where someone is left an inheritance in a Will having agreed that they will use it for the benefit of someone else (even though the Will does not say anything about this) and instead keeps the inheritance for himself. This is known as a secret trust and is a basis for bringing a will claim contesting a will.
If someone close to you has recently passed away and you are concerned that the Will does not reflect commitments made while the deceased was still alive, you may be able to bring a will claim disputing the Will.
If you would like to discuss this or any other matters that concern you about the Will or estate of a person who has recently passed away, then call our contesting will experts on 020 8541 1181 or email us at mail@sheridanlaw.co.uk
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