Been left out of a will

Been Left Out Of A Will?

What to Do If You Have Been Left Out of a Will

If you have been excluded from a Will and are considering making a claim, there are several important steps to take. Acting early and getting the right advice can significantly improve your position.

1. Seek Specialist Legal Advice

The first step is to speak to a solicitor who specialises in contentious probate and inheritance disputes. They can assess your circumstances, explain your legal rights, and advise whether you have grounds to bring a claim.

Early advice is crucial, particularly where time limits apply.

2. Check Whether You Are Eligible to Make a Claim

In the UK, only certain people are entitled to challenge a Will or make an inheritance claim. These may include:

  • spouse or civil partner
  • child of the person who has died
  • A person treated as a child of the family
  • financial dependant

Your solicitor will assess whether you fall within one of these legal categories and whether your claim is likely to succeed.

3. Be Aware of Strict Time Limits

In England an Wales, inheritance claims must usually be made within six months of the Grant of Probate.

Missing this deadline can seriously affect your ability to bring a claim, so it is important to act as soon as possible.

4. Consider Mediation or Negotiation First

Not all inheritance disputes need to go to court. In many cases, mediation or negotiation can resolve matters more quickly and cost-effectively.

Your solicitor can advise whether alternative dispute resolution is appropriate and will represent your interests throughout the process.

5. Gather Evidence to Support Your Claim

If you intend to proceed, you will need to support your position. This may include:

  • Financial records
  • Correspondence or messages
  • Witness statements
  • Documents showing your relationship with the person who died

Strong evidence can significantly strengthen your claim.

6. Start a Formal Inheritance Claim

If mediation is unsuccessful or not suitable, your solicitor can help you issue a formal claim against the estate. This involves preparing court documents and submitting all relevant evidence.

Your solicitor will manage the process and ensure your claim is presented clearly and correctly.

7. Attend Court Proceedings (If Required)

If the matter proceeds to court, you may need to attend hearings and give evidence. Your solicitor will guide you through each stage and represent you throughout the proceedings.

Get Expert Help With Contentious Probate Claims

Inheritance law is complex, and no two cases are the same. Getting specialist legal advice ensures your rights are protected and your claim is handled properly.

Our team has extensive experience in contentious probate and inheritance disputes. We are sympathetic, understanding, and will support you every step of the way.

We are here to help.

We can get it sorted. It’s what we do.

Call us today – it’s free to ask.

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