Not Inherited As Expected?
What Are My Legal Options If I Have Not Inherited As Expected?
Being left out of a will or receiving far less than anticipated can be deeply upsetting, especially during a time of grief. At Garner & Hancock, our specialist contentious probate team is here to guide you through your legal rights and help you take action with clarity and confidence.
Can I Make a Claim If I’ve Been Left Out of a Will?
Yes, potentially. If you were financially dependent on the deceased or were led to believe you would inherit, you may have grounds to challenge the outcome. Common legal routes include:
- Inheritance Act Claims: Seeking reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
- Will Validity Challenges: If there are concerns about how the will was made.
- Proprietary Estoppel: Where lifetime promises were made but not honoured.
Our team will assess your situation and advise on the most appropriate legal strategy.
Legal Grounds for Challenging a Will
You may be able to contest a will if there’s evidence of:
- Lack of mental capacity at the time of signing
- Undue influence or coercion
- Lack of understanding or approval of the will’s contents
- Improper execution under the Wills Act 1837
- Fraud or forgery
If a will is declared invalid, the estate typically passes under a previous will or the rules of intestacy.
What Is an Inheritance Act Claim?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to claim financial provision from an estate, even if they were excluded from the will or the deceased died intestate.
Eligible applicants include:
- Spouses or civil partners
- Former spouses/civil partners (unmarried)
- Cohabitees (minimum two years)
- Children (including adult children)
- Stepchildren or those treated as children of the family
- Anyone financially supported by the deceased
Claims must be issued within six months of the grant of probate.
What If the Deceased Made Promises That Weren’t Honoured?
You may have a claim under proprietary estoppel. To succeed, you must show:
- A clear promise or assurance was made
- You relied on it
- You suffered a detriment
- It would be unfair not to honour the promise
These claims often arise in family or farming disputes, but can apply to any informal succession arrangement.
What If the Deceased Died Without a Will?
Under the rules of intestacy, only certain relatives inherit. If you’re not included but were financially dependent on the deceased, you may still be eligible to claim under the 1975 Act. We’ll help you assess your position and explore your legal remedies.
How Garner & Hancock Can Support You
We offer a comprehensive contentious probate service, including:
- Reviewing your inheritance rights
- Investigating undue influence, capacity, or fraud
- Pursuing claims under the Inheritance Act or proprietary estoppel
- Advising on caveats, citations, and probate procedure
- Representing you in mediation or litigation
Our approach blends legal precision with empathy, recognising the emotional complexity of inheritance disputes.
Ready to Talk?
If you believe you’ve been unfairly excluded from an inheritance or have concerns about a will, don’t delay. Early legal advice can make all the difference.
Contact Garner & Hancock today to book your initial consultation.
