LEGAL GUIDE · ENGLAND & WALES
Discovering that a parent, partner or someone you were close to has left you out of their will — or left you far less than you expected — is deeply distressing. It can feel like a final, irreversible rejection at a time when you are already grieving. But the law may provide a remedy.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain family members and dependants have the right to ask the court to award reasonable financial provision from an estate, even if the will specifically excludes them or leaves them a lesser amount.
In England and Wales, there is no automatic right of inheritance. A person generally has testamentary freedom — the right to leave their estate to whoever they choose. However, testamentary freedom is not absolute. The Inheritance Act 1975 limits this by allowing the court to intervene where certain people are left without reasonable financial provision.
For a spouse or civil partner, the court considers what is reasonable in all the circumstances — taking into account the lifestyle enjoyed during the relationship, its length, the parties’ ages and the needs of dependants. For everyone else, the standard is limited to what is reasonable for maintenance: housing, day-to-day living costs, medical needs and clearing debts. It does not mean you receive an equal share of the estate.
The court also has regard to any reasons the deceased gave for excluding you. However, a letter of wishes does not automatically defeat your claim.
A spouse does not need to prove financial dependency. The court will take into account standard of living, the size of the Estate and what a spouse might have received in any divorce.
Courts regularly make awards to adult children who can demonstrate ongoing financial dependency, disability or financial need.
Partners who demonstrate financial dependency often succeed, particularly where they gave up employment or opportunities to care for the deceased.
Even where a parent deliberately excluded a child, courts sometimes make awards — particularly where the child has significant financial need.
The Inheritance Act is not designed to give everyone a ‘fair share’. The court will not rewrite a will to divide an estate equally. The focus is on financial need and reasonable provision. If you believe the will was made without capacity or under undue influence, those are separate grounds to contest its validity. NJS Law can advise on both routes.
You must issue proceedings within six months of the grant of probate. The courts rarely extend this deadline. Do not wait.
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Yes, potentially. A deliberate exclusion does not prevent you from bringing a claim. The court will consider your financial needs and the reasons given for the exclusion.
Yes. The court retains discretion to make provision for eligible claimants even where the deceased expressed strong charitable wishes.
A nominal gift from a large estate may not constitute reasonable financial provision. NJS Law can assess whether the provision made is adequate.
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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