You Have Been Left out of a Will

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.

What Can You Do If No Longer in a Will?

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 you are a parent, partner or close relative, discovering that someone has excluded you from a will 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, you may be able to challenge it with a contentious probate claim. Alternatively, you may feel you have not been financially provided for under the Inheritance (Provision for Family and Dependants) Act 1975.

Common Reasons for Contentious Probate

Contentious probate arises when someone disputes the validity or interpretation of a will or 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

Top Reason For Will Disputes : Our Data Analysis

Anonymised data which analysed our callers’ enquiries over a six-month period showed that the sudden or unexpected exclusion from a will was the leading reason for callers were looking to contest a will. Callers typically believed they were beneficiaries, often because the deceased had told them so, only to find out after death they had, in fact, been left out.

While being left out of a will by itself would not support a contentious probate claim, there may be red flags about a will which has unexpectedly been changed. Our analysis also highlighted that being left out of a will was often cited along with factors such as late-stage will changes, capacity concerns or suspected influence. A will changed shortly before death was the strongest trigger for a caller to suspect something was wrong with a loved one’s will.

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

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.

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 particularly protects people who were not legally married to or closely related to the deceased but depended on them financially.

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 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

You must make an Inheritance Act claim within six months of 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 dying intestate), the rules of intestacy determine how their estate is distributed. This can often favour spouses and biological children.

If you are excluded under these rules but depended financially on the deceased, for example as 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 of a will can feel distressing, but the law provides options. Early legal advice can increase your chances of a successful claim or settlement and our panel of law firms have the expertise to guide you through every step of your claim.

📞 Call us: 0333 358 3034
📧 Email us: info@jefferiesclaims.co.uk
📝 Online: complete our online form

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.