Left Out of a Will? Making a Claim under the Inheritance Act 1975

Being left out of a will, or receiving far less than you expected, can be devastating. This is especially true if you were financially dependent on the person who has died, or if you were a close family member who reasonably thought you would be provided for.

The law recognises that in some situations, it is unfair for someone to be excluded or left without proper support. The Inheritance (Provision for Family and Dependants) Act 1975 gives certain people the right to claim “reasonable financial provision” from an estate if they have not been properly provided for.

At Jonathan Lea Network, we help clients who want to make a claim and those who need to defend one. We combine expert legal knowledge with a practical, compassionate approach, guiding you through the process step by step.

Who Can Make an Inheritance Act Claim?

Not everyone can bring a claim under the Act. The law sets out clear categories of people who may apply:

• Spouses or civil partners – Surviving husbands, wives or civil partners are entitled to claim, regardless of financial need.
  
• Former spouses or civil partners – If they have not remarried, they may be eligible (subject to any financial settlement in divorce proceedings).
  
• Cohabiting partners – Anyone who lived with the deceased as a partner for at least two years before their death.
  
• Children – Both minor and adult children, including stepchildren or those treated as “children of the family.”
  
• Other dependants – Anyone who was being financially supported by the deceased immediately before death, even if not related by blood or marriage.

If you fall into one of these categories, you may be able to claim, but the court will also look carefully at your circumstances.

What Does “Reasonable Financial Provision” Mean?

The phrase “reasonable financial provision” is at the heart of the Inheritance Act. Its meaning depends on your relationship with the deceased:

• For spouses and civil partners: The standard is generous. It is not limited to basic maintenance and the court can consider what you might have received in divorce proceedings, known as the “divorce cross-check.”
  
• For other applicants: The standard is stricter. It usually means enough to meet your maintenance needs which ensures you are not left in hardship, but not necessarily giving you a share of the estate beyond what is needed for support.

This distinction is important. For example, an adult child who is financially independent may struggle to succeed unless there are special circumstances, such as disability or ongoing dependency.

How Do I Know If I Have a Case?

The court will look at a range of factors, including:

• Your financial needs, resources, and obligations.
• The size and nature of the estate.
• The financial needs of other beneficiaries.
• Any disability affecting you or other parties.
• Any obligations or responsibilities the deceased had towards you.
• The conduct of you and other interested parties.
• For spouses or civil partners: the length of the relationship, contributions made, and what might have been awarded in divorce.

Every case is different. Some claims succeed because the applicant had genuine financial dependency, while others may fail if the court feels the will was fair given the circumstances.

How Much Time Do I Have to Make a Claim?

This is one of the most important aspects of Inheritance Act cases.

• You normally have just six months from the date of the Grant of Probate (or Letters of Administration) to issue your claim.
  
• The court can, in some circumstances, allow late claims, but this is rare. You must show good reason for the delay and strong merits in your case.
  
• Once the estate has been distributed, it may be very difficult to recover assets, even if your claim is valid.

For these reasons, acting quickly is vital. If you think you have a claim, take legal advice as soon as possible.

What Outcomes Are Possible?

If your claim is successful, the court has wide powers to make orders, including:

• Regular payments for maintenance.
  
• One-off lump sum payments.
  
• Transfer of property, such as the family home.
  
• Establishing a trust for your benefit.
  
• Varying existing settlements (for example, pre- or post-nuptial agreements).

The exact outcome will depend on your circumstances, the needs of other beneficiaries, and the size of the estate.

Do I Have to Go to Court?

Not always. Many Inheritance Act claims are resolved without a trial. Options include:

• Negotiation – Solicitors correspond to try to reach a fair settlement.
  
• Mediation – A neutral mediator helps the parties reach an agreement, often reducing cost and conflict.
  
• Settlement agreements – Formal agreements recorded in writing, preventing further claims.

Court proceedings are usually a last resort, but sometimes they are unavoidable, eg. if there is a large estate, multiple claimants, or strong opposition from other beneficiaries.

Why Choose Jonathan Lea Network

We know how stressful and emotional these disputes can be. Choosing the right solicitor can make all the difference.

Here’s why clients trust us:

• Specialist expertise – We are experienced in handling both straightforward and complex Inheritance Act claims.
  
• Tailored advice – We assess your personal circumstances and give clear, practical recommendations.
  
• Strong negotiation skills – We aim to resolve disputes cost-effectively, using mediation where appropriate.
  
• Court-ready representation – If your case does need to go to trial, we will build a strong, persuasive case on your behalf.
  
• Compassionate support – We understand these claims often involve grieving families. We handle matters sensitively while protecting your interests.
  

Our Process

1. Initial consultation – We review your situation, explain if you are eligible to claim, and outline your options.
   
2. Evidence gathering – We obtain financial information, estate details, and supporting evidence.
   
3. Pre-action steps – We contact executors or beneficiaries to open discussions and, if necessary, preserve deadlines with a standstill agreement.
   
4. Negotiation or mediation – We explore all opportunities to settle without court.
   
5. Court proceedings – If required, we issue and manage proceedings, advocating firmly for your position.
   
6. Resolution and enforcement – We ensure the outcome is implemented, whether through lump sums, property transfers, or other court orders.
   

Common Client Concerns

• “I’ve been cut out of the will completely — can I do anything?”
  Yes, if you fall within one of the categories under the Act and can show financial need or dependency.
  
• “What if I miss the six-month deadline?”
  You may still apply for court permission to bring a late claim, but success is not guaranteed. Acting quickly is always best.
  
• “Do I have to fight my family in court?”
  Not necessarily. Many claims are settled through negotiation or mediation. We will explore these routes first.
  
• “Will making a claim be expensive?”
  We are transparent about costs from the outset. In many cases, legal costs may be recoverable from the estate, but this depends on the circumstances.
  
• “Can executors or beneficiaries fight my claim?”
  Yes, they can. Executors often have to respond, and beneficiaries may oppose claims that reduce their share. We represent both claimants and defendants, so we understand both sides of the process.
  

Contact Us

If you feel you have been unfairly excluded from a will or not adequately provided for, do not wait. The six-month deadline moves quickly, and acting early gives you the best chance of success.

Contact Jonathan Lea Network today for a free, confidential consultation. Our probate dispute solicitors will explain your options, assess your case, and help you take the right steps to protect your interests.

Call +44 (0)1444 708 640 

Email wewillhelp@jonathanlea.net 

Frequently Asked Questions (FAQs)

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