Here are some options available to you when a parent leaves everything to one child.
What happens if you are not the favourite child and your parent excludes you from their will, leaving everything to one or more of your siblings?
Under the Inheritance (Provision for Family and Dependants) Act 1975, if you are a biological child of the deceased parent (or have been legally adopted by them) and are in financial need, then you are entitled to bring a court action against their estate on the basis that you have not been adequately provided for in your parent’s will.
This right applies not only to a child or young person, but also includes adult children who are in need of financial provision. So, for example, if your outgoings exceed your income and you do not have sufficient savings, or if you are living on benefits, then you can make an Inheritance Act claim.
Step children, grandchildren and others who have been treated as children can also claim under the Act if they are left out, as can anyone who has been supported financially by the deceased.
The Act does not entitle you to claim a specific share of the estate but rather to make a claim for your reasonable needs. This might include education, housing, transport, medical or care costs.
The right to claim does not exclude those who were left smaller gifts or legacies in the will if those legacies do not provide adequately for them.
The court will consider the claim in the context of the overall size of the estate and the needs of any other beneficiaries under the will or other claimants. If the estate is small and there are beneficiaries or claimants with greater needs, including children still in full time education or suffering mental or physical disabilities, then those with greater need will take priority.
You only have 6 months from the date that probate is granted to bring a claim, so you must act quickly and seek specialist legal advice sooner rather than later.
If you are not eligible to pursue an Inheritance Act claim then another option is to consider whether you have grounds to challenge the legal validity of your parent’s will. Common grounds for challenging a will include:
- Undue influence
- Lack of testamentary capacity
- Want of knowledge and approval
- fraud and forgery
If a will is successfully challenged on the basis that it is not legally valid then its terms will have no effect and the estate will be distributed in accordance with the last validly executed will, or if there isn’t one, under the rules of intestacy.
Our specialist team deals with Inheritance Act claims and challenges to the validity of a will. We have a free legal helpline which you are welcome to call for further information or a free case assessment. We are also always happy to consider whether any case is suitable for No Win, No Fee funding.