Lecture Four: Challenging Estate Distribution

Question 1

Eligible applicants can claim under the 1975 Act that a will has not made appropriate provision for them. What is the other basis for a challenge?

Answer 1

The will lacks validity. Lack of intention, lack of capacity or failure to comply with formalities.

Question 2

Which children can bring a 1975 Act claim?

Answer 2

Biological children, or any person treated as a child of the deceased such as step child, adopted child or child of a cohabitee.

Question 3

What are the possible orders following a successful 1975 Act claim?

Answer 3

Lump sum payment, periodical payments, transfer of property, settlement of property on trust.

Question 4

What assets can a 1975 Act claim relate to?

Answer 4

All assets passing under a will AND any jointly owned property.

Question 5

Which sort of applicants could succeed under the ordinary standard?

Answer 5

Anyone who actually needs to be maintained. Child applicants, disabled applicants, unemployed applicants etc.