What if I think the Will has been fraudulently obtained?
It is not unheard of for potential beneficiaries to produce a fraudulent or forged document which they say was prepared and signed by the testator. In these circumstances, detailed investigations need to be undertaken in order to establish the authenticity of the document which is produced, particularly if there was apparently no other parties involved in its preparation apart from the testator and the person who would benefit under the Will.
Related FAQs
Yes: The Cabinet Office has published a number of Procurement Policy Notes to provide instructions to Public Bodies to enable payments to continue to be made to at risk suppliers (and their supply chains) who have been affected by Covid-19. Copies of this guidance can be obtained from the Government website at: https://www.gov.uk/government/publications/procurement-policy-note-0220-supplier-relief-due-to-covid-19
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.
No, where employees cannot work from home, and it is safe for them to return to work, they should do so.
Where a couple is not married, they have limited rights in relation to each other’s assets and these mainly relate to rights over property assets. There is complex Trust law which governs whether or not your partner could claim an interest in your property and it generally relates to where someone has invested in renovations on the property or promises have been made. If this is something you are concerned about, you and your partner could enter in to a Cohabitation Agreement. These Agreements can set out various matters, including who will pay the bills and where each of you would live if you separated. Most importantly, they can record your intentions about who owns the property and exclude any rights your partner would have against your property.
Statutory leave includes family related leave, sick leave or parental bereavement leave. Claims for furloughed individuals returning from statutory leave should be based on their salary, before tax, and not the pay they received while on statutory leave.
Similarly, claims for furloughed employees returning from a period of unpaid leave on sabbatical should be based on their pay they would have had on paid leave.