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Commence a contested will claim: Claim by daughter competes with a girlfriend

The daughter claims that she has not been properly provided for in her father’s Will.

The father was wealthy and there is a substantial estate.

She has threatened to contest the Will, and the deceased’s female friend has now stated that

she intends to contest as well.

The daughter has been advised that as the friend was never dependent upon the deceased, had

never lived with the deceased, and was independently wealthy, the friend is unlikely to

succeed, and is probably unlikely to bring an application anyway.

The friend has claimed that she was living with the deceased, but in fact they did stay over at

each other’s houses on more than one night a week and this was motivated by convenience.

This would seem not to amount to cohabitation in any real sense.

On that basis the daughter feels confident that her claim will be successful, and the girlfriend

will not be able to claim as being in a domestic relationship with the deceased.

Comments by Terry Johansson, Specialist Wills and Estates Lawyer, CWPL

In order to contest the Will in England the girlfriend needs to show that she lived in the same

household as the man as his wife for a period of two years immediately preceding the date upon

which he died.

It may be possible for him to show this if they in fact lived together and shared both houses, but

this does not seem to be the case.