The Will of a spouse ‘can be challenged’ if provision for surviving partner is inadequate

Posted 13/10/2010

Anyone who feels they have been inadequately provided for in their spouse’s Will has the right to challenge it under UK law.

This is the advice of legal expert Helen Freely, writing for the Financial Times in response to a query from a reader who said she had received nothing when her husband of 20 years died.

Instead, he had left the residual estate to charity in his Will.

Ms Freely explained that under the Inheritance (Provision for Family and Dependants) Act 1975, the unnamed reader would be able to make a claim for more financial provision.

However, the claim must be made within six months from the date of probate being granted and the surviving spouse must be able to argue that she was not sufficiently provided for by her husband.

Last month, Britons were reminded they need to update their Wills regularly in order to ensure they are valid after death.

Alan Tate said in an article for Sun Live that they must reflect big events such as childbirth and property being purchased.