Last Updated on 27th May 2025
What are my inheritance rights if I am left out of a will?
Our free inheritance helpline is frequently contacted by people asking, ‘What are my inheritance rights?’ This usually happens when they have been left out of a loved one’s will altogether, or their legacy under the will is less than they were expecting.
In England and Wales, inheritance rights are largely determined by a piece of legislation known as the Inheritance (Provision for Family and Dependants) Act 1975.
Who can make an Inheritance Act claim?
A claim can be made under the inheritance Act by:
- spouses;
- former spouses who have not remarried;
- children (including adopted children);
- anyone treated as a ‘child of the family’;
- anyone being maintained by the deceased; and
- anyone who had been living with the deceased as man and wife for at least two years immediately prior to their death.
What can be claimed under the Inheritance Act?
The courts have wide powers under the Inheritance Act to distribute the deceased’s estate so as to make reasonable financial provision for the applicant.
In doing so the court will have regard to a number of factors, including:
- the financial needs and resources of the applicant;
- the financial needs and resources which any other applicant or beneficiary is likely to have;
- any obligations and responsibilities which the deceased had towards any applicant or any beneficiary;
- the size and nature of the net estate of the deceased;
- any physical or mental disability of any applicant or any beneficiary; and
- the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.
Claims can be made under the Inheritance Act even where there is no will and the intestacy rules apply.
What other legal action can be taken when someone passes away?
In addition to your rights under the Inheritance Act, you may wish to consider the following:
- Challenging the legal validity of the will. If the will is legally invalid then it shall have no effect and the estate will pass under the terms of either the last valid will, or if there wasn’t one, the rules of intestacy.
- Making a claim under TOLATA in respect of any property.
- Pursuing a claim for proprietary estoppel if promises that were made to you by the deceased were not honoured.
Further guidance on understanding your inheritance rights
We operate a free consultation service. So for further expert guidance on understanding what your inheritance rights are, please get in touch with our team.