Can You Challenge an Intestacy Distribution?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

When You May be Able to Challenge Intestacy

When someone dies without leaving a valid Will, there’s a strict order of inheritance under intestacy rules but can you challenge an intestacy distribution? While intestacy regulations determine which relatives are entitled to receive from the deceased’s estate, sometimes there may be concerns by family members, such as questions over the validity of the estate after distribution has taken place or administrative mistakes resulting in the wrong people receiving assets. Sometimes even a valid Will may be unexpectedly found after distribution of the estate.

But depending on the circumstances, an intestacy distribution is not always final and you may have legal ground to challenge it. We explain the most common grounds for making a contentious probate claim and why it’s advisable to get early legal advice in this type of matter.

What Exactly Is an Intestacy Distribution?

An intestacy distribution occurs when a person’s estate is divided according to the Rules of Intestacy because they did not leave a valid Will. Depending on the family structure, these rules have a strict hierarchy of beneficiaries:

• A surviving spouse or civil partner
• Children and their descendants
• Parents
• Siblings
• Half-siblings
• Grandparents
• Aunts and uncles

Who Is Not Included?

The rules do not consider personal relationships, who was financially dependent on the deceased or promises made during the deceased’s lifetime. As a result, people who expected to inherit may receive nothing at all. Here are some examples:

• Long-term unmarried partners who are excluded from inheritance
• Stepchildren who have no automatic entitlement
• Financial dependants who relied on the deceased for support
• Family members who believe the estate has been distributed incorrectly

Can You Legally Challenge an Intestacy Distribution?

Although the Rules of Intestacy are set out in legislation, the resulting distribution may still be challenged in some cases. It’s important to understand that a successful challenge does not mean the intestacy rules were wrong. But a claim to challenge will typically focus on one of the following:

• A person has been unfairly excluded from inheritance
• The estate has been administered incorrectly
• Fraud or dishonesty has affected the distribution
• A valid Will has been discovered
• Beneficiaries wish to vary the inheritance arrangement

Inheritance Act Claims Following Intestacy

One of the most common ways to challenge an intestate estate is by bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is because this Act allows certain individuals to pursue reasonable financial provision from an estate if the intestacy rules have failed in this regard.

Claimants may include:

• Spouses and civil partners
• Former spouses in certain circumstances
• Children of the deceased
• Individuals treated as children of the family
• People financially maintained by the deceased
• Cohabiting partners who lived with the deceased for at least two years before death

Is The Inheritance Act Important for Unmarried Couples?

We have seen that this type of claim is particularly crucial for unmarried couples. For example, if a person dies intestate while living with a long-term partner, the surviving partner may inherit nothing under the Rules of Intestacy. However, they may still have grounds to bring an Inheritance Act claim if they depended on the deceased financially.

In such a situation, the court may typically consider various factors, including:

• The claimant’s financial needs
• The size of the estate
• The needs of other beneficiaries
• The nature of the relationship with the deceased
• Any disabilities or special circumstances

Challenging Poor Estate Administration

Sometimes the issue is not who inherited, but how the estate was administered. The individual responsible for dealing with an intestate estate is usually the administrator who is required to manage the estate properly. But issues (which may simply be an honest mistake) can quickly arise if an administrator:

• Fails to identify all beneficiaries
• Distributes assets prematurely
• Ignores debts and liabilities
• Values assets incorrectly
• Fails to investigate family relationships
• Makes payments to the wrong individuals

Here’s an example: an administrator may distribute funds to relatives who they believe are entitled under the Rules of Intestacy, only to discover later that a closer relative exists and should have inherited first. In this type of situation, the affected party may have grounds to challenge the administration to recover wrongly distributed assets.

Fraud and Concealment in Intestacy Cases

Estate disputes can become even more complex in cases where fraud or dishonesty is involved. It is not that uncommon in an inheritance conflict for individuals to conceal vital information for personal gain. Examples may include:

• Hiding the existence of beneficiaries
• Providing false family information
• Misappropriating estate assets
• Concealing bank accounts or investments
• Producing false documentation

Fraud can significantly affect the distribution of an intestate estate and may result in legal action against those responsible. Allegations of dishonesty are taken very seriously and because evidence is crucial in these cases, it’s important to obtain legal advice at an early stage.

What Happens If a Valid Will Is Discovered?

Many people assume an intestacy distribution is final once the estate administration begins. But what happens if a valid Will is discovered after the process has started? In such a scenario a valid ill will usually take priority over the Rules of Intestacy. This means that if a genuine, legally valid Will surfaces, how the estate was being distributed may fundamentally change

Beneficiaries under the intestacy rules may no longer be entitled to inherit, while individuals named in the newly discovered Will may acquire rights to the estate instead. So, the practical outcome will depend on various factors such as:

• Whether the estate has been distributed
• The terms of the Will
• The actions already taken by administrators
• The availability of estate assets for recovery

These cases can rapidly become legally and emotionally complex, particularly where estate assets have already changed hands.

Can a Deed of Variation Change an Intestacy Distribution?

Not every challenge needs to involve court proceedings as beneficiaries can alter the distribution of an intestate estate through a Deed of Variation. This is a legal document which allows beneficiaries to redirect some, or all, of their inheritance to someone else. People commonly use Deeds of Variation to:

• Include excluded family members
• Provide for stepchildren
• Benefit unmarried partners
• Achieve tax planning objectives
• Resolve potential family disputes

For example, adult children who inherit under the Rules of Intestacy may agree to redirect part of their inheritance to a surviving partner who would otherwise receive nothing. This route often provides a practical and cost-effective solution if all the parties concerned are willing to co-operate. But this does require careful drafting and legal advice to make sure the intended outcome is achieved.

Why Does Early Legal Advice Matter?

Many inheritance disputes become more difficult once estate assets have been distributed. This is because money may have been spent and property transferred. In addition, delays may also affect limitation period for certain claims, for example, the Inheritance Act claim has a six-month time limit. But by getting legal advice as early as possible can often reduce both costs and increasing conflict. It typically allows you to:

• Preserve estate assets
• Obtain key evidence
• Identify the most appropriate legal claim
• Prevent premature distribution
• Improve the prospects of settlement

FAQs: Can You Challenge an Intestacy Distribution

Can you challenge intestacy rules in England and Wales?

Yes, while the Rules of Intestacy themselves are fixed by law, the resulting estate distribution can be challenged through Inheritance Act claims, disputes over administration, allegations of fraud or the discovery of a valid Will.

Can an unmarried partner challenge an intestate estate?

An unmarried partner may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they meet the eligibility requirements.

What if the wrong person received money from an estate?

If assets have been distributed incorrectly, beneficiaries may be able to challenge the administration and seek recovery of wrongly distributed funds.

Can a Will override intestacy?

Yes, if a legally valid Will is discovered, its terms will usually take precedence over the Rules of Intestacy in England and Wales.

What is a Deed of Variation?

A Deed of Variation is a legal document which allows beneficiaries to redirect all or part of their inheritance to someone else.

How long do I have to make an Inheritance Act claim?

Inheritance Act claims are subject to a strict limitation of six months, so you should seek legal advice as soon as possible to avoid missing important deadlines.

What We Can Do For You

We’ve found several issues may overlap at the same time in intestacy disputes, such as financial provision claims, family relationships, allegations of misconduct or even a newly found Will. Contentious probate is generally complex and it’s advisable to speak to a solicitor specialising in this field of law.

As a claims management company, we partner with a panel of experienced contentious probate solicitors who offer a free, initial consultation. They also offer a range of fee structures, including ‘No Win, No Fee’ agreements along with other flexible funding. Our professional team is ready to help:

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