You Have Been Left out of a Will

What Can You Do?

To find out you have been left out of a Will can be a painful shock, especially if you believed you would inherit from a loved one’s estate. Whether it’s a parent, partner, or close relative, finding out you’ve been excluded can raise legal, emotional, and financial concerns.

This type of upsetting situation often falls under the area of contentious probate, a legal process that deals with disputes over the administration of a deceased person’s estate.

If you have been excluded from a will or feel the will does not make “reasonable financial provision” for you, you may be able to challenge it under the Inheritance Act (Provision for Family and Dependants Act 1975).

If this has happened to you, or a loved one, our team at Jefferies Claims can help as we partner with lawyers who are experienced in Contentious Probate.

Common Reasons for Contentious Probate

Contentious probate arises when there is a dispute over the validity or interpretation of a will, or over how an estate is being administered. Common reasons for contentious probate claims include:

• The will is believed to be invalid
• The deceased was under undue influence
• The will does not provide for someone who reasonably expected financial provision
• There are concerns about how the executor is managing the estate

One of the most common grounds for a challenge, if you have been left out or inadequately provided for, is to make a claim under the Inheritance Act.

What Is the Inheritance (Provision for Family and Dependants) Act 1975?

The Inheritance Act 1975 allows certain people to claim from a deceased person’s estate if they believe the will (or intestacy rules, if there is no will) does not make reasonable financial provision for them.

This act is especially important for those who may not have been legally married or closely related to the deceased, but who were financially dependent on them.

It gives courts the power to redistribute the estate to provide reasonable financial provision for certain people who were dependent on the deceased.

Who Can Make an Inheritance Act Claim?

Not everyone can bring a claim under the Inheritance Act. The Act sets out specific categories of people who are eligible to apply:

1. Spouse or civil partner of the deceased
2. Former spouse or civil partner (who has not remarried)
3. Child of the deceased (including adult children)
4. Any person treated as a child of the family (such as a stepchild)
5. Any person financially dependent on the deceased before their death
6. Cohabiting partner who lived with the deceased for at least two years prior to death

If you fall into one of these categories and feel the will fails to meet your financial needs, you may be able to pursue a claim.

What Does “Reasonable Financial Provision” Mean?

The term reasonable financial provision is not strictly defined, as it depends on the claimant’s relationship with the deceased and their personal circumstances which will be unique to each case.

For example:

• A spouse or civil partner can claim to be maintained to a standard similar to that enjoyed during the marriage.
• A child or dependent may claim provision for housing, education, or maintenance.

Courts look at each case individually and consider a range of factors.

What Does the Court Consider in an Inheritance Act Claim?

When deciding whether to grant an Inheritance Act claim, the court weighs several important factors:

1. The financial needs and resources of the applicant now and in the foreseeable future.
2. The financial needs and resources of other beneficiaries of the estate.
3. The size and nature of the estate – the court must ensure there are enough assets to make provision without disadvantaging other beneficiaries unfairly.
4. Any obligations or responsibilities the deceased had towards the applicant or others.
5. Any physical or mental disability of the applicant.
6. Any other relevant circumstances, including the conduct of the applicant or other parties involved.

Time Limits: Don’t Miss the Deadline

A claim under the Inheritance Act must be made within six months from the date of the Grant of Probate or Letters of Administration.

It is possible to apply for permission to claim outside this window. However, this is at the court’s discretion and only allowed in exceptional cases. Therefore, it’s important to act quickly and seek legal advice as early as possible.

Can I Challenge the Validity of the Will?

Yes, in addition to claiming under the Inheritance Act, you may also be able to challenge the validity of the will itself. This may be if you suspect:

• The deceased lacked mental capacity
• The will was made under undue influence
• The will was not properly signed or witnessed
• Fraud or forgery is suspected

These claims fall outside the Inheritance Act and are more complex, often requiring strong evidence.

What If There Is No Will?

If the deceased died without a valid will (known as intestate), their estate will be distributed according to the rules of intestacy, which often favour spouses and biological children.

If you are excluded under these rules but were financially dependent on the deceased (e.g. a cohabiting partner), you may still have a valid Inheritance Act claim.

How Can We Help?

Navigating a will dispute is emotionally and legally challenging. We partner with solicitors who specialise in contentious probate and who can:

• Advise on the strength of your claim
• Help gather supporting evidence
• Negotiate with other parties or executors
• Represent you in mediation or court proceedings
• Ensure you meet the strict deadlines

Being left out a will is distressing, but the law does provide options. Early legal advice can increase your chances of a successful claim or settlement.  At Jefferies Claims, we’ll guide you through every step of your claim.

📞 Call us: 0333 358 3034
📧 Email us: info@jefferiesclaims.co.uk
📝 Online: Complete our online form for a free, no-obligation consultation with one of our friendly team.

We 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.