Challenging a Will – Inheritance Act Claims

Challenging a Will – Inheritance Act Claims

If you have been left out of a will or received little or nothing from an estate, you may be able to challenge the will under the Inheritance (Provision for Family and Dependants) Act 1975.

These claims allow the court to make financial provision where a will (or the intestacy rules) fail to make reasonable financial provision for someone who depended on the deceased.

At MHHP Law, we advise both:

  • individuals who believe they have been unfairly excluded from an estate, and
  • executors or beneficiaries who need to respond to a claim.

Inheritance disputes often arise at an emotionally difficult time. Our role is to provide clear, practical advice and help clients resolve matters as efficiently as possible.

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Can You Challenge a Will?

Not everyone can challenge a will. The law restricts claims to certain categories of people.
You may be able to bring a claim if you are:

  • a spouse or civil partner of the deceased
  • a former spouse or civil partner who has not remarried
  • a child of the deceased (including adult or adopted children)
  • someone treated as a child of the family (such as a stepchild)
  • someone who lived with the deceased as their partner for at least two years before death
  • someone who was financially supported by the deceased at the time of their death.

Whether a claim is likely to succeed will depend on the specific facts of the case.

Challenging a will

The central question in any claim is whether the estate has made reasonable financial provision for the claimant.
When deciding this, the court considers a range of factors including:

  • the financial needs and resources of the claimant
  • the needs of other beneficiaries
  • the size and nature of the estate
  • the relationship between the claimant and the deceased
  • any obligations the deceased had towards the claimant
  • the conduct of those involved.

Each case is fact-specific, and outcomes can vary significantly depending on the circumstances.

Inheritance Act claims must normally be issued within six months of the grant of probate.

Although the court can sometimes allow late claims, this is uncommon and requires specific permission.

For that reason, it is important to seek legal advice as soon as possible if you think you may have a claim.

Many enquiries about challenging wills come from adult children who have been excluded from a parent’s estate.

The courts generally respect the principle of testamentary freedom — meaning people are usually free to leave their estate to whomever they choose.

For that reason, adult children must normally show that they require financial provision for their maintenance, rather than simply that they feel the will is unfair.

Recent court decisions demonstrate that claims based purely on disappointment are unlikely to succeed.

Executors should approach estate distributions with care where a potential claim may exist.

If an estate is distributed too early and a claim later arises, executors may face personal liability.

Early legal advice can help executors:

  • understand whether a claim is likely
  • manage risks when administering the estate
  • respond appropriately if a claim is made.

Further Reading

You may find our blog article helpful:
Inheritance Act Claims – What Are They and Who Can Make One?

This article explains who can bring a claim, how the courts approach these cases, and the factors judges consider when deciding whether financial provision should be made from an estate.

FAQs

Yes, but success depends on whether the court considers that the will failed to make reasonable financial provision for the child.

Possibly. If you lived with the deceased as a partner for at least two years before their death, you may be able to bring a claim.

Claims can still arise where the estate is distributed under the intestacy rules.

Normally six months from the grant of probate.

How MHHP Law Can Help

Inheritance disputes often involve complex family relationships as well as legal issues.

Our team can assist with:

  • assessing whether you have a potential claim
  • advising executors and beneficiaries defending a claim
  • negotiation and mediation to resolve disputes
  • court proceedings where necessary.

We aim to give clear, realistic advice so that clients understand both the strengths and risks of their position.

Speak to Our Team

If you believe you may have been unfairly left out of a will, or if you are an executor facing a possible claim, we would be happy to discuss your situation.

You can contact Tayo Taylor, Partner, for a confidential discussion. 0203 667 4783 or email at tayo.taylor@mhhplaw.com

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