Given a Smaller Share of Inheritance?

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

Written by Tanya Waterworth, Digital Content Writer

What You Can Do Next If Left Less Than Expected in a Will

Being given a smaller share of inheritance than expected may feel unfair, confusing, and distressing. Whether you were promised more, treated differently to siblings, or believe the will doesn’t reflect the late testator’s true wishes, you may have legal options. In England and Wales, the law provides several routes to challenge a will or claim a larger share but timing, evidence, and early legal advice are vital.

We explain what you can do if you’ve been left less than expected, when you can start a contentious probate claim, and what evidence strengthens your case.

Why You Might Have Been Given a Smaller Share

People often expect their inheritance to reflect lifetime relationships, promises, or family norms. When the will says otherwise, it can raise loads of questions. However, understanding why your share is smaller, helps you figure out what to do next. Here are some common reasons to consider:

 

• The deceased changed their will late in life.
• A new partner or step‑family influenced estate planning.
• An executor or beneficiary had significant control over the deceased.
• The deceased lacked mental capacity when making the will.
• The will was not properly executed.
• You were financially dependent but not recognised in the will.

What You Can Do If You’ve Been Left Less Than Expected?

1. Request a copy of the will

If probate has been granted, the will becomes a public document. Reviewing it helps you clearly understand:

• How the estate is divided
• Who the executors are
• Whether any unusual changes were made

Note: If probate hasn’t been granted, a solicitor can request the will from the executors.

2. Speak to a contentious probate solicitor early

A solicitor can quickly identify whether you have grounds to challenge the will or make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Early advice is vital because some claims have strict deadlines, while it is generally easier to gather evidence before too much time has passed.

3. Consider whether the will is valid

Under the Wills Act 1837, a will must meet strict legal requirements to be valid, including proper signing and witnessing and if these rules weren’t followed, you may have grounds to challenge your reduced share of the inheritance. Therefore, you may be able to challenge the will if you raise concerns about:

• Mental capacity: Did the deceased understand what they were signing?
• Undue influence: Was someone pressuring or manipulating them?
• Fraud or forgery: Are signatures or documents suspicious?
• Lack of knowledge and approval: Did the deceased truly understand the contents?
• Improper execution: Were the legal signing requirements followed?

4. Explore a claim for reasonable financial provision

Even if the will is valid, you may still be entitled under the Inheritance Act 1974 to more if you were:

• A spouse or civil partner
• A former spouse who hasn’t remarried
• A child (including adult children)
• Someone treated as a child of the family
• A dependant financially supported by the deceased

These claims must usually be made within six months of the grant of probate, so starting your claim as early as possible is important.

5. Consider placing a caveat

A caveat temporarily stops probate from being granted. This can prevent the estate from being distributed while you investigate your claim. It’s a powerful tool for anyone who has concerns about an estate and provides time for further investigation, but it must be used properly. Ideally you should have legal guidance when taking a step such as pausing the probate process.

When Can You Start a Contentious Probate Claim?

You can start a contentious probate claim as soon as you have concerns about the will, the estate administration, or your inheritance share. The right timing depends on the type of claim:

1. Challenging the validity of the will

There is no strict deadline, but you should act before the estate is distributed. Once assets are handed out, recovering them becomes far more complex.

2. Inheritance Act claims

These have a strict six‑month deadline from the date probate is granted. If you miss this window, you may still apply, but only in exceptional circumstances.

3. Executor disputes

If an executor is acting unfairly, delaying administration, or refusing to share information, you can begin a claim at any stage of the probate process.

4. Proprietary estoppel claims

If you relied on a promise of inheritance and suffered detriment (such as investing money, or being unpaid labour), you can start a claim as soon as the promise is broken which is usually after death.

 What Evidence Should You Gather if Given a Smaller Share of Inheritance Than Expected?

Obtaining good, solid evidence can really improve your chances of success, as well as helping your solicitor to act quickly. Therefore, it’s advisable to start collecting documentation relating to:

1. Medical records

If you believe the deceased lacked mental capacity, medical notes, GP records, and hospital reports are essential.

2. Solicitor’s file

The solicitor who drafted the will typically has notes showing:

• The deceased’s understanding
• Who was present
• Whether any concerns were raised

These can be powerful in capacity or undue influence cases.

3. Witness statements

Friends, neighbours, carers, or family members may have seen:

• Pressure or manipulation
• Changes in behaviour
• Signs of confusion or vulnerability

These types of statements can help build a clearer picture of the deceased’s circumstances.

4. Financial documents

Bank statements, proof of dependency, or evidence of financial support help support Inheritance Act claims.

5. Communications

Emails, texts, letters, or social media messages showing promises, intentions, or pressure can be crucial.

6. Previous wills

Comparing earlier wills can reveal sudden or unexplained changes.

7. Executor behaviour

Keep records of delays, refusals to share information, or signs of mismanagement.

How Can a Contentious Probate Solicitor Help You If You’ve Been Left With Less Than Expected?

If you’ve been left less in a will than expected, we partner with experienced contentious solicitors who offer a free consultation to assess whether you may have a claim. A contentious probate claim is often complex and generally sensitive, so a specialist solicitor can:

• Assess your case quickly
• Protect your position before probate is granted
• Advise whether to place a caveat
• Gather evidence and request key documents
• Negotiate with executors or beneficiaries
• Represent you in mediation or court
• Prevent estate assets from being distributed prematurely

FAQs: Why You Should Speak to a Contentious Probate Solicitor If Left A Smaller Share of Inheritance

Do I need a solicitor to challenge a will?

It’s highly advisable as challenging a will involves strict legal tests, deadlines, and procedural steps. A solicitor ensures your claim is properly prepared and supported by evidence.

Can a solicitor tell me if I have a strong case?

We work with specialist contentious probate solicitors who can assess your situation quickly, identify legal grounds, and explain your options clearly with our initial, free consultation.

Can you delay probate by speaking to a solicitor?

If necessary, your solicitor can place a caveat to pause probate while your claim is investigated.

Can a solicitor help if the executor is being difficult?

Yes. They can challenge executor behaviour, request information, and apply to remove an executor if needed.

Is mediation an option?

Most contentious probate disputes settle through negotiation or mediation. A solicitor can represent you and secure a fair outcome without having to go to court.

What if I was financially dependent on the deceased?

A solicitor can help you make an Inheritance Act claim for reasonable financial provision and this may be a good route for adult children and partners to take if left with less than expected in a will.

Ready to Take the Next Step?

If you’ve been given a smaller share of inheritance than expected, you don’t have to accept it without question. Whether you’re considering a will challenge, an Inheritance Act claim, or simply need clarity, speaking to a contentious probate solicitor early on puts you in a strong position if you want to challenge a will.

Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

📞 Call us now at 0333 358 2345 or contact us online for your initial, no-obligation consultation.