What to do if You Are Left Out of a Will

Common reasons for exclusion include personal disputes, previous financial gifts made during the testator’s lifetime, or intentions to provide for someone outside the will, such as through trusts or joint ownership arrangements. Sometimes, exclusions reflect complex family dynamics, blended families, or second marriages.

However, being excluded from a will does not necessarily mean you have no recourse. Certain individuals have statutory rights to contest or claim against an estate, regardless of exclusion. These include:

• Spouses and civil partners (including former spouses who have not remarried)
• Children of the deceased, including adopted children and those treated as children of the family
• Cohabitants who lived with the deceased for at least two years before death
• Financial dependents who were maintained by the deceased

It is important to distinguish between being excluded from a will and dying intestate (without a valid will). Intestacy rules set out a fixed order of inheritance, which may differ from the testator’s wishes.

Challenging the Validity of a Will

If you believe the will itself is invalid, you may challenge its validity on several legal grounds:

• Lack of testamentary capacity: The testator did not understand the nature and effect of making the will at the time it was signed.
• Undue influence or coercion: The testator was pressured or manipulated into making or changing the will.
• Fraud or forgery: The will was forged or fraudulently altered.
• Failure to comply with legal formalities: The will was not properly signed or witnessed according to the law.
• The deceased did not know or approve the will: The testator was unaware of the contents or did not consent to the will.

Typically, beneficiaries under a previous will or those entitled under intestacy rules bring validity challenges. If successful, the court may declare the will invalid, allowing an earlier will or intestacy rules to apply.

Making a Claim Under the Inheritance Act 1975

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to claim reasonable financial provision from the estate if they have been left out or inadequately provided for. Eligible claimants include spouses, former spouses, children, cohabitees, and dependents.

“Reasonable financial provision” means the minimum amount necessary for the claimant’s maintenance, which may include lump sums, property rights, or ongoing maintenance payments. Claims must be made within six months of the grant of probate to be considered

Practical Steps If You Are Left Out of a Will

If you find yourself excluded from a will, consider the following steps:

• Obtain a copy of the will and the grant of probate.
• Seek early advice from a specialist contentious probate solicitor.
• Gather evidence of your relationship with the deceased and any financial dependency.
• Explore mediation or negotiation with executors or beneficiaries to reach an amicable resolution.
• Prepare to issue a formal claim if necessary, adhering to strict time limits.

What the Court Considers When Deciding Claims

The court will consider multiple factors when deciding claims under the Inheritance Act, including:

• The financial needs and resources of the claimant and other beneficiaries.
• The size and nature of the estate.
• The obligations and moral duties the deceased had towards the claimant.
• The conduct of the claimant and other relevant circumstances.

Recent case law illustrates how courts balance these factors to ensure fair outcomes.

How to Protect Your Will from Being Contested

To reduce the risk of challenges or claims:

• Use clear wording in your will, explaining the reasons for any exclusions.
• Regularly review and update your will to reflect changing circumstances.
• Seek legal advice when drafting your will to ensure it complies with formalities and reflects your wishes.
• Consider including no-contest clauses to discourage disputes, though these are not legally binding.