If you have been disinherited by a loved one’s Will and would like to know what your options are, then read on:
‘What can I do if I am left out of a Will?’ is a common question we get asked on our free legal helpline. Here is a summary of your legal options where you have been disinherited. For a more detailed appraisal of your legal position contact us for a free consultation.
Excluded from a Will
Dealing with the death of a loved one is never easy, but when you discover that you have been unexpectedly left out of their Will it can lead to a whole range of emotions being experienced: Anger, blame, guilt, resentment, betrayal, mistrust, and incomprehension among them.
At a time like this you need to try to put emotions to one side and concentrate on the legal steps that can be taken to ensure you receive your fair share of an estate.
The law is there to protect the vulnerable and it is important to seek advice from solicitors who specialises in inheritance cases as quickly as possible as strict time limits apply.
Making an Inheritance Act claim
Whenever someone who has been omitted from a Will asks for our guidance, our first consideration is always the Inheritance Act. This Act allows close relatives or people who have been supported by the deceased to make a claim against the estate, even if they have been specifically excluded under the Will.
Inheritance Act claims are commonly made by wives and husbands, unmarried partners, children and those who have received financial support from the deceased and have become dependant upon them.
Challenging the legal validity of a Will
Alternatively you may wish to consider whether the Will itself is valid. Wills can be declared invalid for a whole range of reasons. The Will may for instance have been made by someone who no longer had the mental capacity to make a valid Will; or the Will may have been made subject to ‘undue influence’ from someone who wanted to benefit; or the Will may simply have been made without observing the formalities required by the law for it to be legally valid. Whatever the issue with the Will, our Legal 500 recommended team can review the case and identify your best options.
Making a beneficial interest claim
Another legal avenue that may be available to you is to make what lawyers refer to as an ‘beneficial interest claim’. This can be pursued where there is a case for contending that you are already entitled to own a property or asset regardless of what a Will might say. This could be a property that you have made contributions to, or you may have acted in reliance on a promise that a property, or a business, would one day be yours. We are experienced in bringing both proprietary estoppel and TOLATA claims and have an excellent track record of success in doing so.
