Being left out of a loved one’s will – or receiving less than expected – can be both upsetting and confusing. Many people assume there is little they can do, but that is not always the case.
In England and Wales, there are a number of legal routes available to challenge a will or make a claim against an estate. This is often referred to as contentious probate.
When can you make a claim?
One of the most common claims arises under the Inheritance (Provision for Family and Dependants) Act 1975.
This allows certain individuals – including spouses, children, cohabiting partners and those financially dependent on the deceased – to bring a claim if they have not been left reasonable financial provision.
Unlike simply challenging a will, these claims focus on whether the outcome is fair in financial terms in a claimant’s specific circumstances, rather than whether the will itself is valid.
Property and ownership disputes
Disputes do not always relate solely to the contents of a will. In many cases, particularly involving unmarried couples or shared property, there may be disagreements about how any equity in a property should be divided.
Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can help resolve these issues, allowing the court to determine proportions of beneficial ownership or order a sale if necessary.
These claims often arise alongside probate disputes and can have a significant impact on how an estate is ultimately distributed.
Challenging the validity of a will
In some cases, the issue is not fairness, but whether the will is valid at all.
A will may be challenged on a number of grounds, including:
- Lack of testamentary capacity – where the person did not fully understand what they were doing
- Undue influence – where they were pressured or coerced into making certain provisions in a will
- Lack of knowledge and approval
- Failure to follow legal formalities
These claims can be complex and often rely on detailed evidence, including medical records or witness statements.
What should you do next?
If you believe you have been unfairly treated, excluded from a will, or there are concerns about how it was made, it is important to act quickly.
Contentious probate claims are subject to strict time limits, and early legal advice can make a significant difference to your options.
