What Happens if You Are Left Out of a Will

If you are left out of a deceased person’s will, and you believe that you should have benefitted; it can be a difficult realisation to process emotionally and procedurally. Although some people may have no claim, it can be an extension of grief for those that do; but there are certain steps that you can take. To settle inheritance and probate disputes effectively; you need reliable dispute resolution and qualified probate solicitors on hand to assist you.

Here at Van Eaton Solicitors in Streatham, we have vast experience and knowledge concerning probate and estate administration; allowing us to handle your case efficiently and effectively. Our dedicated team can help you gather the information needed to help your claim and will provide reputable legal advice to help you win your case. Read our latest article below to see what you can do if you are left out of a loved one’s will.

Child or Spouse

There are certain people linked to the deceased who usually have no claim whatsoever. Distant relatives or friends usually can’t make a claim, unless they were financially dependent as stated in the Inheritance (Provision for Family and Dependants) Act 1975. Unless stated otherwise in the will, a deceased person’s estate will usually go to their next of kin; usually their spouse or children. Children can make a claim under the Inheritance Act if financial provisions from the estate have not been left for them.  If you are estranged, this would not affect your claim; however, it will certainly be considered if the case goes to court.

A spouse may also claim under the Inheritance Act. No matter whether they have been excluded by the deceased or not; claims can still be made, and they can still be successful. However, if the deceased provided a letter of exclusion that was signed and dated, it may be harder to claim. These letters can fully explain why someone was deliberately left out and can shut down any claims of a lack of mental capacity or that the claimant was omitted by mistake. Here at Van Eaton, our probate solicitors in London can help you develop your claim and argue your case through alternative dispute resolution (ADR) such as mediation. You can read our previous article surrounding the Inheritance Act 1975 here.

Contesting a Will

If you wish to contest a will on the grounds of something other than the provisions as set out under the Inheritance Act, there are other viable grounds for a claim. Grounds for contesting a will include undue influence, mental capacity, or forgery. If you believe the deceased was, for example, coerced, not in the right frame of mind or they were severely dyslexic; you may have more of a chance of proving that the will is invalid.

For most of the reasons listed above, the burden of proof falls upon the individual making the claim. You must gather any information you deem necessary that could help your claim and present it at a dispute resolution session or in court. Our probate solicitors here at Van Eaton can help you every step of the way throughout your inheritance claim. From applying for a grant of probate to settling your will dispute; we can help you gather the correct evidence and ensure that you get the result you need.

How We Can Help With Your Dispute Resolution

Van Eaton Solicitors in Streatham have years of experience in dealing with a range of civil litigation cases; including probate disputes, commercial property issues and construction law in London. Our probate lawyers can help you draft up your claim and collect all the relevant evidence to make your case as solid as possible.

If you would like to book a consultation, please contact 0208 769 6739 today. Alternatively, you can fill out our online form here.