In the UK, anyone who feels they have been inadequately provided for in a Will has the right to challenge it. Regardless of whether you are a relative, a friend or simply an acquaintance of the deceased, you may want to challenge a Will because you believe that the deceased was not of sound mind when they had the document prepared, or that they were coerced into leaving their entire Estate to someone, for example. Although you will be expected to prove that this is the case in court, you may be successful in proving that the deceased actually wished for you to receive a portion of their Estate.
The claim must be made within six months from the date of Grant of Probate being issued. A Grant of Probate is a High Court document issued at the time of someone's death that establishes who has legal authority to deal with the Estate and affairs of the deceased.
If you want to make a claim and you are the surviving spouse, you must be able to argue that you have not been sufficiently provided for by your deceased husband.
Be aware however, if you intend to challenge a Will, you must be able to provide proof to substantiate your claims. It is uncommon for challenges not based on mental incapacity to be successful, so you must therefore weigh up the benefits of potentially winning your case, against the length of time it may take in order for a judgement to be made, and the stress caused by undertaking such a case.
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