LEGAL GUIDE · ENGLAND & WALES
Discovering that your father has left you out of his will is one of the most painful things a person can go through. You are already grieving. And then comes the shock of being excluded in addition.
The good news is that being left out of a will is not necessarily the end of the road. English law gives certain family members the right to challenge either the validity of the will itself, or to apply for reasonable financial provision from the estate even where the will is technically valid
Option 1 — Contesting the will itself. Arguing the will is legally invalid — lack of mental capacity, undue influence, improper execution.
Option 2 — An Inheritance Act claim. Accepting the will is valid but arguing it fails to make reasonable financial provision for you under the 1975 Act.
These are separate legal claims. In some cases, both may be available. NJS Law will advise which route — or combination of routes — applies to your situation.
A will is only valid if your father understood: what making a will means; the extent and nature of his estate; who had a claim on it; and the effect of the will he was making (Banks v Goodfellow [1870]). Where a will was made late in life, after a diagnosis, or during serious illness, medical records, GP notes and expert evidence can be central.
A will can be challenged if someone pressured your father into making a will that did not reflect his true wishes. Evidence is typically circumstantial: unusual control over his affairs, isolation from family, or being the primary beneficiary despite a short or strained relationship.
Even if your father had capacity, a will can be challenged if he did not understand or approve the contents — for example, if it was drafted by someone else without proper explanation.
Where a will has been forged, or where your father was deceived into signing a document he believed to be something other than a will, there are grounds to challenge its validity.
A will must comply with the Wills Act 1837: in writing, signed by the testator, witnessed by two independent witnesses present at the time of signing.
Children — including adult children — are among the categories of person entitled to apply. The court will ask whether your father’s will fails to make reasonable financial provision for your maintenance. The focus is on your financial needs, not an equal share.
Not automatically. The court looks at why the estrangement occurred. If your father was responsible for the breakdown — through abandonment, neglect or abuse — this can actually support your case.
⚠️ You must issue an Inheritance Act claim within six months of the grant of probate. Miss this deadline and courts rarely give second chances.
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A deliberate exclusion does not prevent you from taking legal action. You may bring an Inheritance Act claim if the will fails to make reasonable financial provision for you. If you believe the exclusion resulted from undue influence or lack of capacity, there may also be grounds to contest the will itself.
You may still have a claim. The court considers both the surviving partner’s needs and your own — awards providing for both parties are common.
For an Inheritance Act claim, you must issue proceedings within six months of the grant of probate. For a will validity challenge, there is no fixed statutory deadline, but acting quickly is strongly advisable.
It becomes harder but may still be possible. The court can in certain circumstances treat distributed assets as part of the estate. It is important to act quickly before distribution occurs.
Most disputes settle through negotiation or mediation. NJS Law always seeks an early, cost-effective resolution.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of personal injury claims, including eligibility, time limits and the claims process, see NJS Law’s will disputes service page.
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