Published on: 12th November 2018

Could your Will be challenged by a child?

Yes. Recent case law suggests your estate could be challenged by a minor and their representative if no provision is made for them. This case law highlights the importance of reviewing your Will when you have a change in circumstances.

In Ubbi v Ubbi (2018) the testator had left his estate in its entirety to his wife in a Will he had executed on 06 August 2010. His estate upon death was valued to be worth £3.5 million. However this testator had an affair during his marriage which resulted in the birth of two children, whom were aged 3 years and 6 months at the testator's death. The testator was in the process of divorcing his wife, but had passed away before completion. He had also not updated his Will to reflect his circumstances.

The mother of the two young children contested the Will on their behalf under Section 2 of the Inheritance (Provision for Family and Dependants) Act 1975. The mother, acting on behalf of the young claimants, needed to prove they were entitled to financial provision from the estate of the deceased, as the Will made no provision for them.

The claimants were successful in this case and they were awarded a lump sum of £386,000. Although it is highly unusual for an infant to contest a Will, here it was deemed necessary to provide for their futures. The case highlights the consequences of continuing to be married to someone, even when the relationship has broken down. It is even more important to consider the consequences when there is a second family.

Although it may be costly and time consuming to change your Will, it is very important to review it on a regular basis especially when your circumstances have changed. For examples of when to update your Will, you may wish to read the following article: Here are more examples of when to update your Will

If you would like to meet with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here.

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