Disinherited?

What to do when you are disinherited.

If you have been disinherited contact our recommended inheritance solicitors for a free consultation and details of the funding options we offer, including no win, no fee. Call 0333 888 0404 or send details of your case to us at [email protected]. 

Have you been shocked to discover you have been disinherited by a loved one? Do you want to know if there is any legal action you can take?

When someone has been disinherited there are several legal options open to them. These include:

• making an Inheritance Act claim,
• challenging the legal validity of the Will, and/or
• bringing an equitable interest claim, such as an action for proprietary estoppel.

The law is complex and strict time limits apply, so it’s important to consult a specialist solicitor as soon as possible.

We will look in more detail at the main options.

Making an Inheritance Act claim

The Inheritance (Provision for Family and Dependants) Act 1975 allows selected categories of people to challenge a Will in order to seek a fairer distribution of the estate from the court. So even if you have been specifically excluded from a Will, you may still be entitled to financial provision from the estate.

Inheritance Act claims are governed by the six month rule. So, if you are considering a claim it is important to speak to us as quickly as you can and to avoid delay. Our expert lawyers will be able to tell you whether you qualify to make an Inheritance Act claim, and, if so, what your claim could be worth.

Challenging the validity of a Will

Another option you have if you have been disinherited is to consider whether the Will itself is legally valid. There are a number of different grounds upon which the validity of a Will can be challenged. These include:

• Lack of mental capacity;
• Want of knowledge and approval;
• Undue influence; and
• Fraudulent calumny.

Again, you can quickly find out where you stand by speaking to one of our expert lawyers on our free helpline.

Bringing an equitable interest case

You can make an equitable interest claim in tandem with either of the above options, or on its own. These cases are based on the premise that you are already legally entitled to receive all or part of an estate, irrespective of what the Will says. This includes situations where someone has made contributions to purchasing or renovating a property, or a proprietary estoppel claim where someone has acted in reliance on a promise that they would inherit.

So, for specialist guidance on what to do when you are disinherited call the national experts for a free consultation on 0333 888 0404 or email us at [email protected]