The loss of a family member can be tough, whether you have been close throughout their life or didn’t get to spend as much time with them as you’d have liked.
What can escalate emotions further when grieving is the discovery that you have been left out of a will. This can be particularly painful and confusing when you’ve been close to the deceased family member or were told by them that you would be included in their will. There can be a whole host of reasons why you may have been left out of a will. For example, one common scenario is when there’s a change in family circumstances, such as a parent re-marrying and thereby nullifying a previous will.
But what are your options if you’ve been excluded from a final will and testament?
What to do if you have been left out of a will
If you’ve been left out of a will, you may be able to challenge the will. You may also be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. In some cases, both types of claims need to be made.
So what are your next steps?
Well, there are three things you should do immediately:
- Understand the will: First, ensure that you have read the will carefully or have it explained to you by a professional. Sometimes, the wording can be complex, and it’s important to understand the exact terms.
-
Speak to a solicitor: Consult a solicitor who specialises in wills and probate. They can help you understand your legal position and the options available to you.
-
Consider grounds for contesting the will: There are specific grounds on which a will can be contested in the UK, such as lack of capacity, undue influence, and fraud. A solicitor will help you identify if you have valid grounds to contest the will.
This is a complex area of the law and strict time limits apply which, if not observed, may mean you cannot pursue a claim you might otherwise have. It is therefore strongly advised that you take early advice.
If you decide to pursue a claim, you may find it useful to read our complete guide to contesting a Will here.
Who can bring a claim?
A prospective claimant must fall into one of the following categories:
- The wife or husband of the deceased
- A former wife, husband or civil partner of the deceased, who has not remarried
- A child of the deceased
- Any person who was treated as a child of the family in relation to marriage or civil partnership, or (and this is new) any person to whom the deceased acted as a parent in relation to ‘any family’, and not just that in relation to a marriage or civil partnership
- Any person who was maintained by the deceased (excluding any commercial arrangements)
Contact a specialist
If you have concerns that you have been left out of a will, contact an inheritance dispute solicitor as soon as possible.
You can reach out to our experienced team of specialists on 0161 969 3131 or fill in our confidential contact form and we’ll be in touch to find out more about the situation and to see how we can help.