Unfairly and unexpectedly left out of the Will

There are 3 main types of claim that can be made when you are left out of a Will:

• Lack of Reasonable Provision: If you were part of the family of the person who died, you could challenge the Will for failing to make reasonable provision for you. Several laws and regulations are in place to protect those who might have been unfairly excluded. These include the Inheritance (Provision for Family and Dependants) Act 1975, often referred to as the Inheritance Act. This Act allows certain individuals, such as spouses, children, and dependents, to make a claim against the estate if they believe they have not been adequately provided for. To succeed in such a claim, you need to demonstrate that the provision made in the Will (or under the rules of intestacy if there is no Will) is insufficient to meet your reasonable needs. It is essential to consult with experienced inheritance dispute solicitors to navigate the complexities of these claims and to ensure your rights are fully protected. Read more about failure to make reasonable provision claims.
• Undue Influence:

  You might be able to have the Will declared invalid on the basis that it was made under pressure and does not reflect the true wishes of the person who died. This is known as undue influence, and it occurs when someone exerts excessive pressure on the testator (the person making the Will) to the extent that it overrides their free will and genuine intentions.

  Proving undue influence can be complex and requires substantial evidence, such as witness testimonies, medical records, or documentation showing the nature of the relationship between the testator and the influencer. It's crucial to consult with inheritance dispute solicitors who can guide you through the legal intricacies and help gather the necessary proof to support your claim. If successful, the court may invalidate the Will, allowing the estate to be distributed either according to a previous valid Will or under the rules of intestacy. 

  Click here to find out more about Will made under pressure. 
• The other possible claim you may have is where the reason you have been left out is because the Will was not properly written and did not reflect the wishes of the person who died. This type of claim is explained in more detail below.

Will not be properly written

To be successful there will usually be no explanation for leaving you out. However there might be a reasonable explanation for leaving you out if you had fallen out with the person who died or they left a letter left with their Will explaining why you have been left out.

We can review the Will (and the file of any professional used to prepare the Will) to see if there is a record of the true intentions of the person who died.

• It might be that there was a clear error that we can apply to the court to put right (known as “rectifying the Will”).
• It might be that the words used in the Will are not clear. In this case we can ask the court to decide the meaning of the words used. This is sometimes called a “Will construction claim”.
• Perhaps there is evidence that there was a more recent last Will that has been lost or destroyed. If there is sufficient evidence of what the person really intended (such as paperwork kept by the professional advisor) then it may be possible to bring a claim for that missing Will to be “reconstructed”.
• It might be that it is not possible to correct a Will in this way. If they had used a professional advisor to write their Will (such as a will-writer or solicitor) then you may have a claim against them for your lost inheritance due to their negligent legal work. This area of law is known as a professional negligence claim. Click to read more about professional negligence claims.

Steps to Take if You Are Left Out of the Will

If you find yourself unexpectedly excluded from a Will, there are several steps you can take to address the situation:

1. Seek Legal Advice: Contacting inheritance dispute solicitors should be your first step. These professionals can provide expert guidance on your specific situation and help you understand your rights and options. Experienced solicitors will assess the strength of your claim, advise you on the best course of action, and help you navigate the complexities of inheritance law. They can also assist in drafting legal documents, representing you in negotiations, and preparing your case for court if necessary. With their support, you can ensure that your claim is thoroughly investigated and presented effectively, maximising your chances of a favourable outcome.
2. Gather Evidence: Collect any documents or evidence that demonstrate your relationship with the deceased and your financial dependency or expectation of inheritance. This could include correspondence, financial records, or testimonies from other family members. Documents such as bank statements, letters of support, or records of living arrangements and financial contributions can be crucial. Additionally, gathering witness statements or expert opinions that corroborate your claim can strengthen your position. The more comprehensive and compelling your evidence, the more likely you are to convince the court of the validity of your claim. Consulting with your solicitor Will help you identify and gather the most pertinent evidence to support your case.
3. Act Promptly: There are strict time limits for contesting a Will. Under the Inheritance Act, you generally have six months from the date of the grant of probate to make a claim. Acting quickly is essential to ensure you do not miss any important deadlines. Delaying could result in your claim being dismissed, leaving you without recourse. It is crucial to consult with inheritance dispute solicitors as soon as you suspect grounds for contesting the Will. They can help you navigate the legal processes efficiently, ensuring all necessary documents are filed on time and that you adhere to all procedural requirements. Timely action is key to preserving your right to challenge the Will.
4. Consider Mediation: Sometimes, disputes can be resolved through mediation rather than going to court. This process can be quicker, less stressful, and less costly than litigation. Mediation involves a neutral third party who helps facilitate discussions between you and the other parties involved, aiming to reach a mutually acceptable agreement. This approach can preserve relationships and reduce the emotional and financial burden associated with court battles. Your solicitor can guide you through the mediation process, helping you prepare your case and negotiate effectively. Exploring mediation not only offers a potential resolution without court intervention but also allows for more flexible and creative solutions tailored to your needs.

Factors That Affect Inheritance Claims Being Upheld or Awarded

Size and Nature of the Estate: The size and nature of the estate play a role in your claim if you’ve been unfairly left out of a Will. The court will consider the value of the estate and the needs of all beneficiaries. If the estate is large enough to provide for all claimants, your claim might have a higher chance of success. Conversely, if the estate is small and there are multiple claimants, the court will have to balance the needs of everyone involved.

Relationship to the Deceased: One of the most critical factors is your relationship to the deceased. The Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act, specifies who can make a claim. This includes:

• Spouses and civil partners
• Former spouses and civil partners who have not remarried or entered into another civil partnership
• Children, including adopted children
• Any person treated as a child of the family
• Any person who was financially maintained by the deceased. Your relationship to the deceased will significantly impact your ability to make a claim and the likelihood of its success.

Other Beneficiaries: The presence and needs of other beneficiaries will influence the court’s decision. If some other dependents or beneficiaries have stronger claims or greater financial needs, your claim might be less likely to succeed. The court aims to ensure a fair estate administration based on the needs and entitlements of all involved parties.

Financial Dependence: If you were financially dependent on the deceased, your claim is more likely to be considered. The court will assess whether the deceased made reasonable financial provisions for you. For example, if you were living with the deceased and relied on their income for your living expenses, this could strengthen your claim.

Contents of the Will:

The contents of the Will are paramount. If you believe that the deceased's true intentions are not reflected or that you were unfairly excluded, you can challenge the validity of the Will. This can involve presenting evidence that the deceased had previously made statements or taken actions that contradict the provisions outlined in the Will. 
Additionally, if there are suspicious circumstances surrounding the drafting or signing of the Will, such as the involvement of a Will beneficiary in its preparation or a lack of transparency during the process, these factors can also form the basis of a challenge. It is important to thoroughly examine the context in which the Will was created to identify any potential discrepancies or irregularities that could support your claim. Consulting with inheritance dispute solicitors can help you navigate these complex issues and build a robust case.

Contributions to the Estate

If you contributed to the estate, either financially or through unpaid work (such as maintaining the property or caring for the deceased), this could support your claim. The court may consider these contributions when deciding whether to award you a portion of the estate if you’ve been unfairly left out of a Will.

Statements of Intent

Any documented statements or evidence that indicate the deceased's intentions can be crucial. This includes letters, emails, or verbal statements witnessed by others. If there is evidence that the deceased intended to provide for you but failed to update their Will accordingly, this could strengthen your claim.

Time Limits

Inheritance claims are subject to strict time limits. Under the Inheritance Act, you generally have six months from the date of the grant of probate to make a claim. Acting promptly is essential. If you miss this deadline, your chances of having your claim upheld are significantly reduced.

Mediation and Settlement

Courts often encourage mediation and settlement outside of court. If you can reach an agreement with the other beneficiaries or executors of the estate, this can save time, reduce legal costs, and provide a more satisfactory resolution for all parties. Demonstrating a willingness to mediate can also reflect positively on your claim.

Legal Representation

Having experienced inheritance dispute solicitors can significantly impact the outcome of your claim. A knowledgeable solicitor can help you navigate the legal complexities, gather necessary evidence, and present a compelling case. Their expertise can increase your chances of having your claim upheld.

The Role of Inheritance Dispute Solicitors

Inheritance dispute solicitors play a crucial role in navigating the complexities of contesting a Will. They offer expert advice, represent you in negotiations or court, and ensure that your case is presented effectively. Here are some key services they provide:

Initial Assessment: Understanding your situation and advising on the best course of action.

Case Evaluation: Assessing the strength of your claim and gathering necessary evidence.

Mediation and Negotiation: Attempting to resolve disputes amicably through mediation or negotiation with other parties involved.

Litigation: Representing you in court if a satisfactory settlement cannot be reached.

Whether you have concerns about a Will being challenged or feel you have been unfairly left out of a Will, then it is best to take early legal advice. Our Free Initial Assessment is there to enable people facing this type of situation to receive early, confidential telephone advice from an expert lawyer.