Can someone contest a Will if they are not in it?

It can be upsetting to find out after someone dies that they have not included you in their Will. It may be possible to contest this, depending on the circumstances. We answer the question, Can someone contest a Will if they are not in it? and look at when this might be possible.

At Lockings Solicitors, we deal with all types of Wills claims and inheritance disputes, including complex cases. Our Associate Director, Sarah Thomsen, heads the contentious probate department, which comprises team members with many years of experience in dealing with a full range of inheritance cases.

Sarah is a member of ACTAPS, the Association of Contentious Trust and Probate Specialists. This is a law group for lawyers with a high level of expertise in dealing with Wills disputes and inheritance claims. With over twenty years of litigation experience, Sarah is also the head of our civil litigation department.

We know how difficult it can be to start a legal claim after the death of a loved one and you will find our contentious probate lawyers to be sensitive and supportive. We always aim to deal constructively with cases, finding out of court solutions wherever possible, which can reduce the time taken to resolve matters and avoid any escalation in conflict.

If you would like to contest a Will or make an inheritance claim, call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will ring you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

Can I contest a Will if I am not in it?

If you are not named in a Will, you may still be able to contest it if:

• The Will is not valid
• You want to claim financial support

If a Will is not valid, then it will not take effect. If the deceased left an earlier Will and this is valid, then this will be substituted. If no other Will exists, then their estate will pass under the Rules of Intestacy. These rules set out who will inherit, starting with a spouse or civil partner and children.

If you have not been included in a Will or you were not left as much financial assistance as you need, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This extends to individuals who will not receive anything under the Rules of Intestacy, such as cohabiting partners and stepchildren.

When is a Will invalid?

A Will can be invalid on the following grounds:

• It was not correctly executed by the person making the Will (the testator) or it was not properly witnessed
• The testator did not have sufficient mental capacity to make a Will
• The testator did not have full knowledge of the contents of the Will or they did not approve the contents of the Will
• There was fraud or forgery

If the Will is not valid, then you may inherit if an earlier Will takes effect instead and you are named in this Will.

If there is no alternative Will, you could inherit if you are one of the classes of individuals entitled to inherit under the Rules of Intestacy.

When can I claim for being left out of a Will?

The Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) allows the following individuals to make a claim against an estate if they are left out of a Will or if they inherit less than they need:

• A spouse or civil partner of the deceased
• A former spouse or civil partner who has not remarried or entered into another civil partnership
• A child of the deceased
• A cohabiting partner who lived with the deceased for at least two years immediately before their death
• Someone the deceased treated as their child
• Someone the deceased was supporting when they died

How much can I claim if left out of a Will?

The amount you can claim under the Inheritance Act depends on your relationship to the deceased.

A spouse or civil partner can receive a similar amount to that which would be awarded in a divorce. All other categories of claimant will be entitled to ‘reasonable financial provision’ if their claim is successful.

The court will look at the following factors in deciding how much you will receive:

• Your future financial needs and resources
• The financial needs and resources of the Will’s beneficiaries and any other claimants
• The responsibilities and obligations the deceased had towards beneficiaries, claimants and others with a potential interest in the estate
• The size and nature of the deceased’s estate
• Any physical or mental disabilities that beneficiaries or claimants may have
• Any other relevant factors

The court has a range of options open to it in making an award, including ordering:

• A lump sum payment
• Giving the claimant a property
• Money to be put into a trust with regular payments to the claimant
• Giving the claimant a life interest in a property

How do I contest a Will if I am not in it?

If you ask us to represent you, we will start by assessing the strength of your case. We will give you an honest appraisal and discuss the likely outcome of a Wills claim.

We will obtain as much evidence as possible in support of your case, which will usually include a copy of the solicitor’s file from the person who prepared the Will and witness statements from those involved in the deceased’s life. Where the deceased’s mental capacity is being challenged, we can also obtain medical and GP records.

We will advise the estate’s executors that you intend to make a claim and set out the grounds for this. We are often able to settle contentious probate claims out of court. Executors may be motivated to reach an agreement to avoid lengthy delays to the administration process.

We can negotiate on your behalf to try and agree on an award. Where necessary, we can discuss alternative methods of dispute resolution.

If you would like to discuss your options further, please feel free to give us a call.

Contact our solicitors for contesting a Will

If you wish to contest a Will or make an inheritance claim against an estate, contact us today.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.