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Contentious Probate Solicitor Can I contest a Will if I’ve been left out?
It’s a very common question I’m asked: Can I contest a Will if I’ve been left out? Being left out of a Will can feel deeply personal—especially if you were close to the person who has passed away or relied on them financially. It often raises difficult questions: was it intentional, fair, or even valid?
The important thing to understand is that, in England and Wales, you may still be able to bring a claim—even if you are not named in the Will.
Use this tool to find whether probate has been obtained in the estate >>
What is the Inheritance Act 1975?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to claim “reasonable financial provision” from an estate.
This means the court can step in if the Will (or intestacy rules) do not make adequate provision for you. It does not rewrite the Will entirely, but it can adjust how the estate is distributed to ensure fairness in specific circumstances.
Who can make a claim?
Not everyone can challenge a Will simply because they are disappointed. However, the law recognises that certain people may have a legitimate expectation of support. Eligible applicants typically include:
- Spouses or civil partners
- Former spouses (in some cases)
- Children (including adult children)
- Individuals treated as a child of the family
- Cohabiting partners who lived with the deceased for at least two years
- Financial dependants
If you fall into one of these categories, you may have grounds to bring a claim—even if you were completely excluded from the Will.
What does “reasonable financial provision” mean?
This is one of the most important—and often misunderstood—aspects of these claims.
For spouses or civil partners, the court may consider what would be reasonable in a divorce scenario. For others, the focus is usually on maintenance—ensuring your basic financial needs are met. The court will look at several factors, including:
- Your financial situation and needs
- The size and nature of the estate
- The deceased’s obligations towards you
- Any physical or mental health considerations
Every case is different, which is why tailored legal advice is essential.
Are there time limits to make a claim?
Yes—and they are strict.
In most cases, you must bring a claim within six months from the date of the Grant of Probate. Missing this deadline can seriously affect your ability to proceed, although exceptions are occasionally made.
Given how quickly this time can pass—especially during a period of grief—it is crucial to seek advice as early as possible.
Why these claims are becoming more common
Modern family structures are more complex than ever. Second marriages, stepchildren, and long-term cohabiting relationships can all lead to situations where someone who expected provision is left out. This has led to a rise in inheritance disputes, particularly where financial dependence or moral obligations are in question.
Learn more about your options and how claims work by visiting our dedicated page on Contentious Probate. |
What should you do next?
If you have been left out of a Will, it is important not to ignore the situation or assume nothing can be done. Early advice can help you:
- Understand whether you have a valid claim
- Protect your position before the estate is distributed
- Gather evidence to support your case
- Explore settlement options without going to court