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Discovering that you have been excluded from a loved one’s will can be upsetting and confusing. You may feel shocked, hurt, or uncertain about what steps you can take next. While you cannot challenge a will simply because it feels unfair, there are legal options available in certain circumstances.
This guide explains when you may be able to challenge a will, alternative claims you might bring against an estate, and how to protect your position during what can be a very difficult time.
Can You Challenge a Will If You Have Been Left Out?
Being excluded from a will does not automatically mean you have the right to challenge it. To contest a will, there must be legally recognised grounds.
Understanding Your Legal Rights
You cannot challenge your father’s will solely because you believe you were treated unfairly or expected to inherit. The court will only consider a challenge if there is evidence that the will itself is invalid or that the law has not been properly followed.
Grounds for Challenging the Validity of a Will
There are several recognised grounds on which a will may be challenged.
Lack of Testamentary Capacity
A will may be invalid if the deceased did not have the mental capacity to understand:
- The nature of making a will
- The extent of their estate
- Who they should reasonably consider benefitting
This often arises where the deceased was suffering from dementia or another cognitive impairment.
Undue Influence
A will may be challenged if someone pressured, coerced, or manipulated the deceased into making a will that did not reflect their true wishes.
Lack of Knowledge and Approval
If the deceased did not understand or approve the contents of the will, or if it does not reflect their genuine intentions, there may be grounds for a challenge.
Failure to Follow Legal Formalities
A will must comply with strict legal requirements to be valid. If it was not properly signed or witnessed, it may be invalid.
If you have concerns about how a will was prepared, or believe it does not reflect what the deceased truly wanted, you may have grounds to challenge it.
Other Claims You May Be Able to Make Against an Estate
Even if a will is legally valid, you may still be able to bring a claim
Claims Under the Inheritance Act 1975
If you were not left reasonable financial provision, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This applies only to certain categories of people, including:
- Spouses and civil partners
- Children (including adult children and those treated as a child of the deceased)
- Individuals who were financially dependent on the deceased
These claims are based on financial need, not entitlement, and strict time limits apply.
The Importance of Seeking Legal Advice
Contesting a will or bringing a claim against an estate can be legally complex and emotionally demanding.
Why Specialist Advice Matters
A solicitor specialising in contentious probate can:
- Assess whether you have a valid claim
- Explain your prospects of success
- Advise on evidence and time limits
- Protect your position from an early stage
Early legal advice is often critical.
Resolving Will Disputes Without Going to Court
Not all inheritance disputes need to be resolved through litigtion.
Considering Mediation
Mediation can be a faster and more cost-effective way to resolve disputes. It allows all parties to discuss their concerns with the help of an independent mediator and may preserve family relationships where possible.
When Court Proceedings May Be Necessary
If mediation is unsuccessful or not appropriate, court proceedings may be required.
Preparing for a Court Claim
Court claims can be lengthy and stressful. It is important to have realistic expectations, strong legal representation, and a clear understanding of the risks involved.
Communicating With Executors and Beneficiaries
Maintaining respectful communication with executors and other beneficiaries can sometimes help resolve disputes more quickly.
Protecting Your Interests
Before agreeing to any settlement or informal agreement, always seek legal advice to ensure your rights are protected.
We Can Help With Contentious Probate Claims
Challenging a will or making a claim against an estate can place enormous emotional strain on individuals and families. You do not have to go through it alone.
Our team has extensive experience handling contentious probate and disputed wills, providing clear advice and practical solutions.
It’s what we do.
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