Not just anyone can oppose a grant of probate, or contest the validity of a will. You must have what the law calls “standing“. And you only have standing (or locus standi) to oppose a probate application or contest the validity of a will if you have a legal interest in the estate of a deceased person.
Further, it is important to be able to show that the interest is enough so as to entitle you to oppose the grant of probate being applied for; and so have standing to bring an action disputing the validity of the will.
Illegitimate children or ex-nuptial children are those born outside of marriage. Changes to the law mean that the inheritance rights of illegitimate children are equal to those of legitimate children. So this means they can inherit. What happens if no will was left, (an intestacy) either by an ex-nuptial child or their parent? Who inherits then? Can an ex-nuptial or illegitimate child be eligible under succession law to make a claim on a deceased parent’s estate? More →
Left out of a will or seeking more – who can apply for provision?
Family provision laws were introduced to remedy situations where willmakers failed to leave adequate provision for the proper maintenance, support and advancement in life for close family, usually spouses, partners and children.
The legislation gives the court1 discretionary power to order provision from a deceased person’s estate, where found to be inadequate, to “eligible” applicants, under certain circumstances. It is not automatic.