Last Updated on 27th February 2025
Can disinherited children dispute a will?
If you have been disinherited by your parents and would like to know where you stand, then simply contact our Legal 500 recommended lawyers for a free consultation by calling us on 0333 888 0407 or sending an email. We operate nationwide, and can often work on a no win, no fee basis.
‘Can disinherited children dispute a will?‘ This is a question that our team of inheritance lawyers get asked frequently.
The simple answer is that disinherited children are legally entitled to dispute a will. They can do so by making an Inheritance Act claim, or by challenging the legal validity of a will. Children may also be able to bring a proprietary estoppel or TOLATA claim.
Claiming under the Inheritance Act if you have been disinherited
The Inheritance Act allows children to challenge their parent’s will if ‘reasonable financial provision’ is not made for them. This right applies even if a parent specifically disinherits them and intentionally leaves them out of their will.
Younger, more vulnerable children enjoy the greatest protection. The court recently allowed a claim by two children, aged 17 and 18, against the estate of their late father. He had effectively lost contact with his children after separating from their mother and had not provided maintenance while he was alive. He made no provision for them in his will, and explained his reasons for doing so,
However, the judge said that his decision to disinherit the children was unreasonable. Parents continue to have an obligation to maintain their children until they leave education and are able to provide for themselves. This obligation continues even if other people take on responsibility for maintaining the children.
Adult children are also able to dispute their parent’s will, even where they were estranged from the parent who has died. You can read our case study of a successful claim we made on behalf of an estranged daughter who was disinherited by her father.
Children making a claim will need to show that they are in need of financial provision from the estate. When considering the needs of a disinherited adult child the court will look at various factors, such as:
- income and expenditure;
- assets and debts;
- housing needs; and
- health issues.
The size and value of the estate will be highly relevant, along with the needs and financial circumstances of the named beneficiaries of the will.
Challenging the validity of a will if you have been disinherited
Another option that a child who has been disinherited has is to challenge the legal validity of their parent’s will.
There are various grounds upon which the validity of a will can be challenged. Those grounds include lack of testamentary capacity, undue influence, and fraudulent calumny.
If the will is successfully challenged on one of these grounds then it will have no legal effect.
If you have been disinherited by your mother or father and need guidance an making a claim against their estate, then contact our helpline on 0333 888 0404 for a free consultation or send an email to us at [email protected]