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It can come as a shock to discover that you have been left out of someone’s Will, particularly if you expected to inherit or were financially dependent on them. In some cases, this may be deliberate. In others, it may be the result of a mistake, outdated Will, or a breakdown in family relationships. Either way, there are circumstances where you may have a valid claim against an estate.
When might you have a claim?
You may have grounds to bring a claim if you fall into oneof the following categories:
- You were a spouse or civil partner of the person who has died
- You were a former spouse or civil partner who has not remarried
- You were a cohabiting partner who lived with the deceased for at least two years before their death (Read more about cohabiting couple rights here).
- You were a child of the deceased (including adult or adopted children)
- You were someone who was financially dependent on the deceased
In England and Wales, certain individuals can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the Will (or the intestacy rules) fails to make reasonable financial provisionfor them.
Was it a mistake or intentional?
Not being included in a Will does not automatically mean you were intentionally excluded. Common issues include:
- The Will being out of date
- Changes in family circumstances not being reflected
- Errors made during drafting or execution
- The deceased lacking capacity or being influenced by someone else
Where there are concerns about how a Will was prepared, it may also be possible to challenge its validity, for example on the basis of lack of capacity or undue influence and Burtons Solicitors can assist in making a Larke v Nugus request.
A Larke v Nugus request gets its name from a case in 1979 in which the Court made clear that where there is doubt as to whether a Will is valid and aprofessional drafted that Will, the professional should provide a statement of their evidence.
The Larke v Nugus request typically lists a number of questions which are put to the professional to clarify the circumstances in which the Will was prepared and it will often request a copy of the Will file.
Timing is crucial
If you believe you may have a claim, it is important to seek advice promptly. Strict time limits can apply, particularly for claims under the Inheritance Act, which usually must be brought within six months of the grant of probate. Acting early can also help preserve evidence and avoid unnecessary disputes.
What should you do next?
If you think you may have been unfairly left out of an estate, the first step is to obtain specialist legal advice.
Burtons Solicitors can review the Will, consider your relationship with the deceased, and advise whether you have a viable claim and what options are available. In many cases, matters can be resolved through negotiation, without the need for court proceedings.
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