If you believe you have not been left a fair share in a will, you may be entitled to make a legal claim. Although this situation can feel overwhelming, understanding the correct steps can help you take action with confidence.
Below is a clear guide explaining what to do if you wish to challenge a will or make an Inheritance Act claim.
First and foremost, you should speak with a solicitor who specialises in probate and inheritance disputes. An experienced solicitor can review the will, assess your circumstances, and explain whether you have valid grounds to bring a claim.
Early legal advice is crucial, as strict time limits apply in most cases.
In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim if a will does not make reasonable financial provision for them.
Eligible applicants may include:
Understanding whether you qualify under the Act is a key step in assessing your options.
Next, your solicitor will evaluate the merits of your claim using the factors set out in the 1975 Act. These include:
By reviewing these factors, your solicitor can advise whether your claim is likely to succeed.
Before starting court proceedings, it is often sensible to attempt negotiation or mediation. In many inheritance disputes, this approach leads to a quicker and less stressful resolution.
Importantly, mediation can reduce costs and help preserve family relationships. Your solicitor can manage these discussions on your behalf and work towards a fair settlement.
At the same time, you should begin collecting evidence to support your claim. This may include:
Strong evidence can significantly improve your chances of success, especially if the case proceeds further.
If negotiations fail, your solicitor may advise issuing formal court proceedings. This involves submitting a claim to the court and setting out why the will does not provide reasonable financial provision.
Although litigation can be complex, your solicitor will guide you through each stage and protect your interests throughout.
Should the matter proceed to a hearing, you will be supported at every step. Your solicitor will prepare the case, present evidence, and advocate on your behalf to achieve the best possible outcome.
Making a claim against a will can be legally demanding and emotionally draining. However, with the right legal advice, many disputes can be resolved successfully.
Our team has extensive experience handling contentious probate and inheritance disputes. We are sympathetic, understanding, and committed to supporting you throughout the process.
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