Our latest inheritance dispute success provides some interesting insights on what to do if your parents disinherit you.
We are often asked what you can do if your parents disinherit you. Our specialist inheritance solicitors provide the answer, illustrated with a real-life case study.
Under English and Welsh law, parents are free to disinherit their children if they wish. There are no forced heirship rights that are commonly found in other jurisdictions. However, there are still legal steps that disinherited children can take, as this real-life case study illustrates. Our recommendation in these situations is therefore always to consult a specialist inheritance lawyer for advice. We operate an inheritance helpline which you can call or email for a free consultation.
In this case, we reached an out of court settlement after our client was disinherited by her father. He had not made any provision for his daughter in his Will, preferring instead to leave everything to his surviving partner.
We made the claim under the Inheritance (Provision for Family and Dependants) Act 1975 against the father’s estate. The Inheritance Act allows children who have been disinherited by their parents to make a claim on the basis that they are in need of reasonable financial provision.
Our client had been estranged from her father for some time, and while this is not in itself a bar to bringing an Inheritance Act claim, it is a factor that the court will take into account. Furthermore, although the daughter had debts, she was financially self-sufficient. There were concerns, therefore, that she might struggle to establish that she had a significant enough level of financial need.
Her late father’s partner robustly defended the inheritance claim. Nevertheless, we were able to make out a strong enough case to secure a settlement through negotiation, without the need to issue court proceedings.
Our team dealt with the claim under a no win, no fee funding agreement, which meant our client incurred no upfront legal costs in securing this positive outcome.
How we can help if you are disinherited by your parents
We offer a free consultation service. Our solicitors will review your case and advise you on your options, including the availability of No Win, No Fee funding.
We currently have over 1,700 5-star client reviews on the ReviewSolicitors platform, with our SRA regulated inheritance team receiving widespread praise for the work they carry out for clients.