What Can I Do If I Have Been Excluded From A Will?

Dealing with the emotions and grief of losing a loved one can be difficult to come to terms with, but this may be magnified if you feel that you have been unfairly excluded from your loved one’s Will.

Many people do not discuss their Will with their family before they die, which can lead to misunderstandings when the Will is read. Yet, is there anything you can do if you have been excluded from a Will?

You will need to establish if you have a valid claim against the Will and this will depend on a number of things. First of all, if your loved one had a financial responsibility for you and leaving you out of the Will means that you are no longer taken care of, you may be able to make a claim. You may have a claim if you are a spouse, child or even an elderly parent.

In addition, there are circumstances where the validity of the Will itself may be called in to question. If the Will was changed shortly before your family member died and resulted in everything being left to only one person or if the Will does not comply with the legal requirements of a Will it may be invalid. A Will must be witnessed and signed correctly and any witness cannot be a person who stands to financially benefit from the Will. If any of these parts of the Will are not correct, there may be a valid legal challenge.

If your loved one was ill and lacked capacity when their Will was drawn up, there may be a case for the Will to be challenged on these grounds.

When making the decision to challenge a Will, you should carefully consider the impact on you and the rest of your family. Any legal challenge is likely to cause a rift in your family which may not be reconcilable.

By speaking to a specialist Wills and Probate solicitor, you will be able to determine the likelihood of a successful claim and you can decide if you want to make a legal challenge to the Will.

This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.

Shak Inayat
Solicitor
0207 183 2898

Courts Split Over Assisted Death

Assisted death is a controversial subject which brings rise to many differing opinions in society. There have been a number of high profile cases going through the courts asking for a ruling on the right to an assisted death, such as Tony Nicklinson who, following a stroke, was completely paralysed. He was denied his request by the courts, after which he refused food and died in August 2012, a week after his High Court appearance.

Tony Nicklinson’s widow Jane decided to appeal the decision by the High Court along with Paul Lamb, who has taken over Tony Nicklinson’s case. Mr Lamb was paralysed in a car accident in 1990 and has been in constant pain, needing 24 hour care since his accident.

His statement to the court said “I feel worn out and am genuinely fed up with my life. I feel I cannot and do not want to keep living. I feel trapped by the situation and have no way out. I am fed up of going through the motions of life rather than living it. I feel enough is enough.

Currently a doctor cannot help anyone to die without facing a murder charge because the current law says it is an offence to encourage or assist a suicide.

However, the Supreme Court now has to decide if the law, which says it is an offence to assist suicide, is actually in breach of the European Convention on Human Rights. Mrs Nicklinson and Mr Lamb are asserting that the current law denies the right to end your life when and how you choose with the help of a medic, if you are unable to do so yourself.

There is a split between the Supreme Court panel currently and although they heard the case from Mrs Nicklinson and Mr Lamb in December 2013, there has still been no ruling. The Supreme Court’s current legal term finished at the end of May, without any judgment in the case in sight.

It is clear that the decision which the Supreme Court is facing, to allow a ‘dignified and humane death’ for people who wish to end their life but cannot do so themselves, is an important one which will take time to reach.

This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.

Shak Inayat
Solicitor
0207 183 2898