Left out of a Will? Know your rights under the Inheritance Act

Losing a loved one is an incredibly hard experience, and dealing with their estate can make it even more stressful. If you discover you have been left out of a will, it can feel unfair, but there are legal options to consider.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people who were financially dependent on the deceased to make a claim for reasonable provision from the estate.

Who can make a claim

Even if a will exists, the law recognises that strictly following it may sometimes cause financial hardship. The Inheritance Act provides a legal avenue for certain people who were dependent on the deceased to seek financial provision from the estate.

Who can potentially make an inheritance claim:

• Spouses or civil partners: A surviving spouse or civil partner can claim if they were financially dependent or if the will does not make adequate provision for them.
• Former spouses or civil partners: Those who have not remarried may still be able to claim if they were financially reliant on the deceased.
• Cohabiting partners: Individuals who lived with the deceased for at least two years prior to death may be eligible, recognising that long-term relationships can create financial dependence even without formal marriage or civil partnership.
• Children: This includes biological children, adopted children, stepchildren, or anyone who was treated as a child of the deceased. The court may consider their financial needs, age, health, or circumstances.
• Dependants: Anyone who was financially supported, either wholly or in part, by the deceased may be able to claim, including parents, siblings, or other individuals who relied on the deceased for maintenance.

Each claim is evaluated on the individual circumstances, including the financial position of the claimant and the size and distribution of the estate.

What “Reasonable Provision” means

The court does not automatically divide an estate equally among potential claimants. Instead, it assesses what constitutes reasonable provision for each individual based on their needs and relationship with the deceased.

Examples of reasonable provision:

• Widows or widowers: Financial support sufficient to maintain their standard of living or to meet their ongoing living costs.
• Adult children: Support may be considered reasonable if they were financially dependent, facing particular needs such as ill health, or unable to support themselves independently.

Factors the court considers:

When assessing a claim, the courts take a range of factors into account, including:

• The size, value, and composition of the estate, including property, savings, and other assets.
• The financial needs, resources, and obligations of the claimant, including their ability to support themselves independently.
• The relationship between the claimant and the deceased, considering emotional ties, the duration of dependence, and contributions made to the deceased’s household.
• The presence of other dependants or competing claims, ensuring fairness among multiple parties with legitimate claims.

By weighing these factors, the court determines what level of provision is reasonable for the claimant in the specific circumstances of the case.

Situations where the Inheritance Act applies

• Unmarried Couples: Unmarried partners have no automatic entitlement under intestacy rules. A claim under the Act may be the only way to secure financial support.
• Second Families: If a parent leaves everything to children from a first marriage, a new spouse or younger children might be overlooked. The Act helps balance these competing needs.
• Out-of-Date Wills: A will made years ago may not reflect current circumstances. Courts can consider modern realities when assessing claims.

Time limits for making a claim

Claims under the Inheritance Act must generally be made within six months from the date probate is granted. Acting promptly is essential, as delays can make a claim harder, though not always impossible.

Reducing the risk of disputes

While the law provides a safety net, disputes can often be avoided by:

• Regularly reviewing your will, especially after major life changes
• Clarifying intentions with family members
• Seeking legal advice early if there is any uncertainty about inheritance

Professional guidance

If you have been left out of a will or are uncertain about your rights following a loved one’s death, seeking legal advice early is essential. Understanding your options promptly can help protect your interests, ensure you meet critical time limits, and give you confidence in the steps to take next.