Can disinherited children dispute a will?
Can disinherited children dispute a will? If you have been disinherited and would like to know where you stand then simply contact us by calling our free legal helpline on 0808 139 1599 or sending us an email. We operate nationwide and can often work on a no win, no fee basis.
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.
Children who have yet to make their way in the world have particular protection under the law, even where they were estranged from the parent who has died.
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 if they can 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 expenditire;
- 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.
If you have been disinherited by your mother or father and need guidance an making an inheritance claim against their estate then contact our free helpline on freephone 0333 888 0404 for an initial chat or send an email to us at [email protected]