Unfairly Left Out of a Will? Here’s What You Can Do
Losing someone you love is heartbreaking. That pain can deepen when you discover you’ve been unfairly left out of their Will or left with nothing because they didn’t make one at all.
If you’re facing financial hardship after a loved one’s death, or feel you’ve been treated unjustly under their Will or the rules of intestacy, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).
At Prosperity Law LLP, our Contested Probate Solicitors are experts in helping clients who have been unfairly excluded from a Will. We’ll guide you through the process, explain your legal rights, and work to achieve a fair and compassionate resolution.
Seeking Financial Provision After Being Left Out of a Will
Under Section 1 of the 1975 Act, certain people can apply to receive reasonable financial provision from the estate of someone who has died — if their Will or the intestacy rules fail to provide sufficient support.
Who Can Make an Inheritance Act Claim?
1. Spouses or Civil Partners
If your husband, wife or civil partner has passed away and you’ve been left with little or nothing, you can claim reasonable financial provision from their estate. For married couples and civil partners, this goes beyond mere maintenance — the court considers what is fair in all the circumstances.
2. Cohabitants / Unmarried Partners
If you lived with the deceased as their partner in the same household for at least two years before their death, you may have the right to claim — whether you were in a same-sex or opposite-sex relationship. The court will look at the nature of your relationship, including shared home life, finances, and mutual support.
3. Children and Those Treated as Children
The law covers biological, adopted, and stepchildren — and even adult children can bring a claim. Under Section 25(1) of the 1975 Act, “child” includes:
- Children born outside marriage
- Children conceived but unborn at the time of death (“en ventre sa mère”)
- Adult children who relied on the deceased for financial support
- Individuals treated as children of the family, such as stepchildren
4. Financial Dependants
Even if you’re not a spouse, partner, or child, you may still qualify to make a claim if you were financially dependent on the deceased. You’ll need to show that you were substantially maintained by them — for example, through shared bills, housing, or regular financial support.
Common Scenarios Where You Might Have a Claim
You might be able to bring a claim for reasonable financial provision if:
- A previous Will was revoked by marriage: In the UK, marriage automatically cancels an existing Will. If your loved one didn’t create a new Will after marrying, intestacy rules may apply — leaving dependants without inheritance.
- You were an unmarried partner: Unmarried partners have no automatic right to inherit under intestacy rules. If you were financially dependent on your partner, you may be entitled to claim under the 1975 Act.
- An adult child with disabilities is disinherited: If a disabled adult child who relied on the deceased is left out of the Will in favour of a new partner, they may have strong grounds to claim.
The court has broad discretion when deciding what’s “reasonable,” and each case is assessed individually.
How the Court Decides What’s Fair
When considering a claim under the Inheritance Act, the court will look at:
- The size and nature of the estate
- The obligations and responsibilities the deceased had toward the claimant
- The financial needs and resources of both the claimant and other beneficiaries
- Any physical or mental health conditions affecting the claimant
Time Limits – Act Quickly
You usually have six months from the date of the Grant of Probate or Letters of Administration to make a claim under the 1975 Act.
While it’s sometimes possible to make a late application, it’s far easier — and safer — to act promptly. Missing the deadline can significantly reduce your chances of success.
Funding Options for Inheritance Act Claims
We understand that pursuing a claim can feel daunting, especially during an emotional time. That’s why we offer a range of funding options, including:
- No win, no fee agreements (subject to terms)
- Deferred payment options
We’ll discuss the best approach for your circumstances during your free initial consultation.
How Prosperity Law LLP Can Help
Our experienced Contested Probate Solicitors have helped many clients who were unfairly left out of a Will secure the financial provision they deserve. We’ll handle your case with empathy, discretion, and determination.
If you believe you have grounds for an Inheritance Act claim, please get in touch with our friendly team today for a free initial discussion by phoning us on 0161 667 3686 or by completing the form below.
