Have you been unfairly left out of a will?
If you have been unfairly left out of a will then contact our specialist lawyers for free guidance on what you can do and the availability of no win, no fee funding. Call us on 0333 888 0407 or send us an email.
The law in England and Wales incorporates a legal principle known as ‘testamentary freedom’. This basically means that we all have the right to leave our property and assets on our death to whoever we wish. However, because this can create hardship for loved ones and dependants, the law allows those who have been unfairly left out of a will to make a claim under the Inheritance (Provision for Family and Dependants) Act.
To be able to make an Inheritance Act claim you must belong to at least one of a restricted number of classes of people who are eligible to make a claim. These classes include wives and husbands of the deceased, children, cohabitees and anyone who was financially reliant on the deceased.
Under the Inheritance Act the court has wide ranging powers to override the terms of the deceased’s will and reallocate their assets so as to achieve fairness.
Where someone has been unfairly left out of a will the court will take a range of factors into consideration, particularly their own financial situation and any health issues.
You do not need to have been left out of a will altogether in order to claim. Claims can be made by people who have been included in a will, but the financial provision is inadequate. The Inheritance Act can also be used where there is no will and the rules of intestacy provide an unfair outcome.
It is important not to delay making an Inheritance Act claim as you only have six months from the date of the grant of probate to commence a claim in court. If you miss that deadline you can ask for the court’s permission to apply out of time. However you cannot be guaranteed that permission will be granted, so it is best to avoid this by speaking to a lawyer who specialises exclusively in inheritance disputes as soon as you can.