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.
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.
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.
There are several recognised grounds on which a will may be challenged.
A will may be invalid if the deceased did not have the mental capacity to understand:
This often arises where the deceased was suffering from dementia or another cognitive impairment.
A will may be challenged if someone pressured, coerced, or manipulated the deceased into making a will that did not reflect their true wishes.
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.
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.
Even if a will is legally valid, you may still be able to bring a claim
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:
These claims are based on financial need, not entitlement, and strict time limits apply.
Contesting a will or bringing a claim against an estate can be legally complex and emotionally demanding.
A solicitor specialising in contentious probate can:
Early legal advice is often critical.
Not all inheritance disputes need to be resolved through litigtion.
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.
If mediation is unsuccessful or not appropriate, court proceedings may be required.
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.
Maintaining respectful communication with executors and other beneficiaries can sometimes help resolve disputes more quickly.
Before agreeing to any settlement or informal agreement, always seek legal advice to ensure your rights are protected.
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.
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