Taking a look at a commonly asked question, “Can my husband leave me out of his will?”
We specialise in inheritance law, dealing with cases nationwide. If you have been left wondering, “Can my husband leave me out of his will?” or are troubled by any other aspect of inheritance law then call our free legal helpline on 0808 139 1599 or email us at [email protected]
In England and Wales the law respects the principle of ‘testamentary freedom’. This basically means we are all free to make a will leaving our property to whoever we want. However, although we all have this freedom in theory, in practice the law will step in to prevent injustice.
The law offers particular protection to spouses, so if a husband leaves his wife out of his will, or vice versa, then they may be able to pursue a legal challenge.
Most married couples leave their estates to each other. This generally ensures that the survivor is not left suffering financial hardship as a result of their husband or wife passing away. But there are occasions where a spouse is left out of a will and when this occurs it is worth speaking to specialist inheritance solicitors about making a claim under the Inheritance Act.
Under the Inheritance Act a spouse who does not receive adequate financial provision under the will of their late husband or wife is entitle to make a claim. The Act gives the courts the power to rewrite the deceased’s will and award the surviving spouse money and assets that had been left to others.
The amount of financial provision varies from case to case and depends upon the individual circumstances. The court will take into consideration a range of factors including the size of the estate and the finances of the surviving spouse.
It is therefore important to have your own situation assessed by a lawyer who is experienced in dealing with these cases and will be able to advise you on the appropriate level of financial provision you are entitled to claim.
We deal with Inheritance Act claims on behalf of wives and husbands who have been left out of a will on a No Win, No Fee basis.