Last Updated on 5th November 2024
Our Inheritance Helpline regularly receives calls from people asking, ‘Can my mother cut me out of her will?’ Here’s what the law says.
It is often said that unlike other countries which have ‘forced heirship’, people in England and Wales are free to leave their money and property to whoever they wish. However, while that is true in principle, the actual position is rather more nuanced.
Although we do not practice forced heirship (where the law specifies how a deceased person’s estate should be distributed) we do have the Inheritance (Provision for Family and Dependants) Act 1975. The Inheritance Act effectively empowers the courts to rewrite the deceased’s Will, and award certain categories of people money and assets that had been left to other beneficiaries.
Among those who can make an Inheritance Act claim are children of the deceased; and this includes adult children as well as minors. So, while your mother if free to cut you out of her will if she wishes to, you do have the right to challenge that. The Inheritance Act also offers protection to spouses, some cohabitants, and those who were financially dependant upon the deceased.
For a child to succeed in making a claim against their mother or father’s will they must show that they have not received ‘adequate financial provision’. This assessment varies from case to case. In assessing a claim the court will take into consideration:
The size of the estate;
- The financial position of the child who is claiming; and
- The needs and finances of any other beneficiaries or claimants.
Remember. If you are planning to make an Inheritance Act claim then do not delay as strict Inheritance Act time limits apply.
How we can help you
It is important to consult an experienced inheritance solicitor who will be able to advise you on the merits of your case and the appropriate level of financial provision that you are entitled to claim. Our solicitors specialise in this complex area of law. They offer a free case assessment service and can deal with these cases on a No Win, No Fee basis.
So, for further guidance on the question, ‘Can my mother cut me out of her will?’ contact us today.