My Father Left Me Out Of His Will – How Can I Fight This?

Discovering that you’ve been left out of a loved one’s will can be incredibly distressing and confusing, leaving you wondering what options you have moving forward. If you find yourself in this situation, know that there are steps you can take to address your concerns and there are potential claims you may have against an estate. Here’s a guide to help you navigate this challenging time:

• Understand Your Rights: You cannot simply challenge your father’s will because you think have been unfairly left out or excluded from his will. There must be a valid reason to challenge a will.
• Grounds for Challenging a Will: There are a number of grounds upon which you can challenge the validity of a will including lack of testamentary capacity (the deceased was not of sound mind when making the will), undue influence (someone pressured or coerced the deceased to make a will that does not reflect their wishes), and lack of proper formalities (the will was not executed correctly).
  If you have suspicions over how a will was prepared; or you feel that a will does not reflect the true intentions of the person who has died; or that the person making the did not understand and approve the contents of the will, you could possibly have grounds to challenge a will.

   

• Other potential claims: Even if a will is valid, you could still potentially pursue a claim against an estate if you can prove that reasonable financial provision was not made for you and you have a need for maintenance from an estate. This is a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Only certain categories of people can pursue such a claim. These include spouses, civil partners, children (including adult children and those treated as a child of the deceased) and individuals who were financially dependent on the deceased.

   

• Seek Legal Advice: Consulting with a solicitor who specialises in contested wills and probate matters is essential. They can provide you with expert guidance tailored to your specific circumstances and advise you on the possibility of success in challenging a will and/or making a claim against an estate.
• Consider Mediation: In some cases, disputes over wills can be resolved through mediation rather than through lengthy and costly court proceedings. Mediation allows all parties involved to communicate openly and work towards a mutually acceptable solution with the assistance of a neutral third party.
• Be Prepared for Court Proceedings: If mediation is unsuccessful or not appropriate for your situation, you may need to pursue your claim through the court system. This can be a complex and lengthy process, so it’s important to have realistic expectations and be prepared for potential challenges along the way.
• Keep Communication Open: While it can be difficult, maintaining open and respectful communication with other beneficiaries and executors of the will can sometimes lead to a resolution outside of court. However, it’s important to prioritise your own interests and seek legal advice before agreeing to any settlements.

Remember, contesting a will and/or making a claim against an estate can be emotionally demanding and may strain relationships with family members. However, if you believe you may have a potential claim, it is important seek the guidance of experienced legal professionals who can advise you and advocate on your behalf. You don’t have to navigate this challenging process alone.

Our team has extensive experience dealing with Contentious Probate matters.

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