One of the most common questions that gets asked on our busy helpline is, ‘My parents left me out of their will. What can I do?’ Inheritance dispute solicitor Jack Dray supplies the answers.
If a child is left out of their parent’s will then all is not lost. The Inheritance (Provision for Family and Dependants) Act 1975 allows children to make a claim against their parent’s estate when they have been disinherited.
We have what is known as ‘testamentary freedom’ in England and Wales (a legal term for being free to decide how you wish to distribute and dispose of your assets when you die). This means that an adult child does not have an automatic right to be included in their parent’s will, and no automatic right to receive an inheritance. However, an adult child can make a legal claim under the Inheritance Act if no ‘reasonable financial provision’ is made for their maintenance.
Because it is a claim for maintenance it means that each claim will be valued differently and assessed on its own particular facts. It is important to note that ‘maintenance’ is restricted to what would constitute ‘reasonable’ financial provision.
When the courts determine what a claimant should be awarded, they will look at the following criteria:
- The financial needs and resources of the claimant;
- The financial needs and resources of any other claimants;
- The financial needs and resources of any beneficiaries of the will;
- The size and nature of the estate;
- Any disabilities (both physical and psychological) of any applicant or beneficiary; and
- The conduct of the parties.
There are no age limitations, and the law allows for an estranged child to bring a claim under the Inheritance Act.
There are important time limits for making an Inheritance Act claim so it is vital that you seek professional guidance from specialist solicitors like us as early as you can.
You can find out if you have a valid case by calling our free legal helpline or sending details of your case to us by email. We will assess the merits of your claim, and will also be able to tell you if it is a case that we can deal with on a No Win, No Fee basis.