What To Do If You’ve Been Disinherited

Written by Tanya Waterworth, Digital Content Writer

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

Your Next 8 Steps & Red Flags for Forgery or Fraud

Being disinherited can be an emotional shock while also dealing with grief, but there are steps on what to do if you’ve been disinherited. You may feel confused and betrayed finding out you’ve been left out of a loved one’s will or trust. However, there are clear legal steps you can take to challenge an unfair or suspicious will.

These include getting a copy of the will, check if you’re eligible to challenge a will under the Inheritance Act and gather any relevant evidence. Also being able to spot red flags for potential fraud indicators (see below).

Your Next 8 Important Steps

Step 1: Confirm the Facts

Before taking action, make sure you understand exactly what the will says and how the estate is being distributed. To do this, you’ll need to:

Obtain a copy of the will

• If probate has been granted, you can get a copy from the government’s Probate Search Service.
• If probate hasn’t yet been granted, request a copy from the executor directly.

Check for previous wills

• The new will might replace an earlier one in which you were included. Comparing them could reveal unusual changes.

Understand the reasons (if stated)

• Some wills include explanations for disinheritance, though this isn’t legally required.

Step 2: Understand UK Inheritance Law

In England and Wales, people can leave their estate to whomever they choose. However, the law provides some protections under the Inheritance (Provision for Family and Dependants) Act 1975.

You may be able to make a claim if you were:

• A spouse or civil partner
• A child (including adult children)
• Financially dependent on the deceased
• Living with them as a partner for at least two years before their death

The court can order reasonable financial provision for eligible applicants.

⚠️ Deadline: You must usually bring a claim within 6 months of the grant of probate. Missing this window can make it much harder to challenge.

Step 3: Watch for Red Flags of Forgery or Fraud

Not all disinheritance is legitimate. Sometimes, wills are altered, replaced, or forged in ways that don’t reflect the deceased’s wishes. Signs to watch out for include:

1. Suspicious Signatures

• The signature looks shaky, inconsistent, or unlike the deceased’s usual handwriting.
• There’s evidence of tracing or unusual pressure patterns in the ink.

2. Questionable Witnesses

• Witnesses are close friends or relatives of the new main beneficiary.
• Witnesses can’t be located or deny being present.

3. Sudden & Uncharacteristic Changes

• A long-standing will is replaced shortly before death with a drastically different version.
• The deceased was ill, vulnerable, or under someone’s influence when the change was made.

4. Missing Pages or Alterations

• Staple holes, mismatched paper, or irregular font styles.
• Handwritten amendments that aren’t initialled or witnessed properly.

5. Isolation of the Deceased

• Family or friends were prevented from visiting them before death.
• A “gatekeeper” controlled all communication and access.

Step 4: Gather Evidence Early

If you suspect foul play, time is critical. The sooner you collect information, the stronger your case will be.

• Medical records: show whether the deceased had mental capacity when the will was made.
• Witness statements: from people who saw the deceased sign the will or knew about their intentions.
• Handwriting analysis: can confirm or rule out forgery.
• Previous wills: help show a pattern of intention over time.

Step 5: Seek Specialist Legal Advice

Challenging a will is complex and emotionally draining. A solicitor specialising in contentious probate can:

• Assess whether you have grounds for a claim
• Advise on potential costs and funding options
• Issue a caveat to prevent probate from being granted until the dispute is resolved. If probate has not yet been granted and you need to pause the process while investigating concerns, see our guide on stopping probate before it is issued.

We partner with highly experienced solicitors and offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Step 6: Explore Your Legal Options

Consider the following depending on your circumstances:

Make a claim under the Inheritance Act 1975

• If you were financially dependent or had a relationship recognised under the Act.

Challenge the will’s validity
Common grounds include:

• Lack of testamentary capacity: The deceased didn’t fully understand the will.
• Lack of due execution: The will wasn’t signed and witnessed correctly.
• Undue influence: Someone pressured the deceased into changing their will.
• Forgery or fraud: The document or signature is fake.

Negotiate a settlement
Many disputes settle before reaching court, saving time and money.

Step 7: Managing Family Dynamics

A will dispute can cause lasting damage to family relationships. While protecting your legal rights is important, so is handling communication with care:

• Keep conversations factual, not emotional.
• Let your solicitor do most of the speaking when tensions run high.
• Consider mediation as a faster, less confrontational route.

Step 8: Stay Organised & Document Everything

From emails to phone calls, keep detailed notes of:

• Who said what and when
• Any threats, changes in behaviour, or access restrictions before death
• Copies of wills, letters, and related documents

This paper trail could be critical in proving your case.

Common Myths About Disinheritance

You can’t challenge a will
You can – the law allows claims under specific grounds.

Handwritten wills are automatically invalid
They can be valid if they meet the legal requirements.

You can’t challenge a will once probate has started
You can still challenge, but it becomes more complicated and costly. Acting early – ideally before probate is granted – gives you more leverage and prevents assets from being distributed prematurely.

Prevention: How to Protect Against Future Will Disputes

If you’re making your own will and want to avoid disputes:

• Use a qualified solicitor — DIY wills are more prone to errors.
• Have independent witnesses with no stake in the estate.
• Store the will securely, ideally with the solicitor or a will storage service.
• Tell trusted family members where the will is kept.

Key Takeaways if You’ve Been Disinherited

• Act quickly — deadlines for contesting a will are short.
• Know your rights under the Inheritance Act 1975.
• Watch for red flags like sudden changes, suspicious witnesses, or questionable signatures.
• Get specialist advice to protect your position and avoid costly mistakes. 

Need Help Today?

Being cut out of a will is never easy,  emotionally or legally. But the law provides pathways for fairness, especially where dependency, undue influence, or fraud are involved. With swift action, professional help, and clear evidence, you can give yourself the best chance of honouring your loved one’s genuine wishes.

It’s important to get good legal advice early on. Our panel of law firms are here to help you during this difficult time, offering a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 3034 for a free no-obligation chat or visit Jefferies Claims Contact Us Page.