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Can a will be challenged on the basis that one party gave unpaid care prior to death?

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  • Can a will be challenged on the basis that one party gave unpaid care prior to death?

    A will is in place with equal shares going to 4 siblings.
    Between 3 and 10 years prior to death one sibling willingly moved in to care for the parent - without specifying any conditions (eg payment or that person should be replaced by another sibling in the future).
    Lets assume 2 scenarios:
    The person who moved in to give care gave up their job and lived of the income of the person being cared for (with no carer's allowance) + their own personal savings.
    The person was self employed and lived of the income of the person being cared for (with no carer's allowance) + their own personal savings. (Their self employment continued but obviously at reduced potential income due to the hours given in care).

    Could either of the above circumstances justify a successful challenge to the will so that they should receive "income" for the care provided, before any disbursement of the estate?

    Thanks

    Tags: None

  • #2
    Does anyone have an opinion on this?

    Comment


    • #3
      IMO the grounds you explain are not sufficient to contest the will, altho' "the person[s]" may be able to make a claim under the Inheritance (provision for family and dependants) Act 1975.
      They will probably require professional advice from a solicitor specialising in contentious probate.

      If beneficiaries agree the will can be varied to reflect the situation

      Comment


      • #4
        The chances of successfully contesting / challenging a will are slim and expensive.

        Comment


        • #5
          Thanks to @DES8 and @ENGLANDPI

          I assumed that it would be difficult to change a will in the given scenario. Thanks for the opinions.

          ColinK

          Comment

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