What if I haven’t been left anything in a Will? Can I contest it?
There are several grounds upon which it is potentially possible to contest a person’s Will. These include:
- The person making the Will (the testator) lacked the necessary mental capacity
- The testator either did not know or did not approve of the contents of their Will
- The testator was improperly influenced into making the Will
- The Will was not correctly executed
- The Will is a forgery and/or was fraudulently obtained
All of these types of claim are known as “validity disputes”, because you are effectively disputing the validity of the Will itself.
On the other hand it may be that even if the Will is valid, you feel that it is unfair in that it does not make sufficient financial provision for you. In those circumstances, it may be possible to bring a claim under a piece of legislation known as the Inheritance (Provision for Family and Dependants) Act 1975 (known simply as the 1975 Act). The 1975 Act provides for certain classes of people to be able to apply to the court for greater financial provision out of a deceased person’s estate, and is explained in more detail below in the FAQs relating to financial provision.
Related FAQs
HM Treasury have no current plans to pause the collection of apprenticeship levy payments from employers, therefore levy-paying employers must continue to make payments. There is also no plan to extend the 24 month period allowed to spend levy funds.
Similar to the position for claims between 1 August 2020 and 31 October 2020, for claims between 1 July 2021 and 30 September 2021 there will be a cost to businesses of furloughing staff, which will gradually increase until the scheme closes at the end of September as follows.
- From 1 July 2021 employers will be required to contribute 10% of wages, with the Government contributing 70%.
- From 1 August 2021, the employer contribution increases to 20% and the Government will contribute 60%.
- 30 September 2021: scheme closes.
Employees will continue to receive 80% of their current wages, up to £2,500 a month.
If you sponsor migrants under Tier 2 or Tier 5, you will not be required to report a sponsored employee’s absence if it is linked to coronavirus and you have authorised this absence e.g. they are self-isolating and you have received an online isolation note.
The Home Office has confirmed that sponsors do not need to withdraw sponsorship for affected employees who have been absent from work for more than 4 weeks if they consider these are exceptional circumstances, which would include absences related to coronavirus. It does however remain extremely important to know where your sponsored workers are and to have up to date contact details.
Matrimonial assets tend to be those which have been generated or accumulated during the marriage whereas non-matrimonial assets tend to be assets which are acquired outside of the marriage such as assets owned before marriage or assets received by one party during the marriage without contribution from the other such as through inheritance or a gift.
The discretion of the court when making financial awards is wide ranging and the way the court will deal with this distinction varies from case to case so it is always important to seek advice about your particular circumstances. However, in broad principles, any asset which is “matrimonial” in nature is usually shared unless there is good reason not to. If an asset is non-matrimonial, an argument could be raised that there ought to be a departure from an equal share of the asset to reflect the fact it is from a source external to the marriage. However:
- If financial resources are limited such that a party’s needs cannot be met without using the non-matrimonial property, the fact it is non-matrimonial will carry little weight, if any.
- The family home is seen as core to the marriage and is often treated differently. It is invariably treated as a matrimonial asset even if it would have been non-matrimonial in nature.
- If a non-matrimonial asset has been intermingled with a matrimonial asset, a court may place less weight on the fact it started as non-matrimonial in nature.
- If the parties were married for a short period of time, a court may place greater weight on the fact that an asset is non-matrimonial and may be persuaded to allow a greater departure from equality than if the parties have been married for a long period of time.
The court will always have a mind to fairness and is likely to take a step back and consider whether the overall division of the assets is “fair” bearing in mind the parties respective financial and non-financial contributions to the marriage.
Yes, but as a last resort. In summary, the law requires employers:
- to assess the workplace risks posed to new or expectant mothers or their babies;
- to alter the employee’s working conditions or hours of work to avoid any significant risk to them;
- where it is not reasonable to alter working conditions or hours, or would not avoid the risk, to offer suitable alternative work on terms that are not “substantially less favourable”;
- where suitable alternative work is not available, or the employee reasonably refuses it, the employer should consider whether it is appropriate to suspend the employee on full pay.