I am not happy with the inheritance I have received, what can I do?

Dispute will - cropped.jpg.jpg

Losing a loved one is a very emotional time for any bereaved person. This can be impacted if you discover that you have not received the inheritance you expected or have been left out of the deceased’s will.

Associate solicitor Katie Lofthouse from WHN Solicitors' dispute resolution team, explains what options are available if you feel you want to contest a will.

Challenging the amount you have been left under a valid will or through intestacy

If someone you know dies and leaves a will which does not provide you with the inheritance you were expecting, or they die intestate and you are to receive nothing from their estate, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. 

Only certain people are entitled to bring a claim under the Act. They are:

  • The spouse or civil partner of the deceased or the former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership).
  • A person who, for the two years before the death, was living with the deceased as if they were their spouse or civil partner.
  • Any children of the deceased.
  • A person who was treated as a child of the family by the deceased.
  • Any other person who was cared for or looked after financially, wholly or partly, by the deceased immediately before their death. 

If you fall in to one of these categories, a claim can be brought for reasonable financial provision from the estate. 

The court cannot award a figure that is above what would be considered reasonable financial provision. Therefore, if you have been left an amount from the estate, you would need to assess whether that amount was reasonable before pursuing a claim.

What is reasonable financial provision? 

Unfortunately, there is no set calculation to assess what constitutes reasonable financial provision in an inheritance claim, however, the court will seek to make an award that will ensure the claimant lives at neither ‘a luxury or poverty-stricken level’.

If you are the spouse or civil partner of the deceased, the court will award an amount that takes into account the standard of living enjoyed by you prior to the death of your spouse or civil partner. 

Such a claim must be brought within six months of the date of the grant of probate, it is therefore imperative that legal advice is taken without delay under a potential claim. 

Time is of the essence in a claim brought under the Inheritance (Provision for Family and Dependants) Act 1975, and therefore if you believe you have a claim, you should seek legal advice immediately. 

Challenging the validity of a will 

If you believe the contents of a will to be somewhat suspicious you may wish to investigate the validity of the will. This may be because the deceased person has left their estate to someone you would not expect, and you have been left nothing. You may perhaps have received a much smaller share than you would have expected, and you do not believe this reflects the deceased’s true wishes, 

There are several grounds upon which a will may be invalid. They are: 

  • Lack of testamentary capacity – the deceased did not have the required capacity to make a will.
  • Undue influence or fraud / forgery – the deceased was unduly influenced into making the will, or the will was forged.
  • Invalid execution – the will was not written and signed by the testator in the presence of two witnesses. 
  • Lack of knowledge or approval – the deceased was not aware of the contents of, or did not approve of the contents of the will.

If a will is found to be invalid, any previous will still stands. If there is no previous will, the estate will fall under the intestate rules. It is therefore important to establish what inheritance you would receive if a challenge was successful, before challenging the will. 

Based at the firm’s Clitheroe office, Katie specialises in contentious probate. If you wish to discuss your concerns regarding an expected inheritance or how to approach contesting a will, please contact Katie on 01200 408300 or by email: [email protected]

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

fulfilmentcrowd reports record-breaking performance LeeThompsonfulfilmentcrowd

fulfilmentcrowd reports record-breaking performance

20 Dec 2024

2

Record year for Grant Thornton Northern deals team The team

Record year for Grant Thornton Northern deals team

20 Dec 2024

3

New partner among family team hires as Brabners strengthens personal offer Cara Nuttall Chris Fairhurst And Hannah Saxe

New partner among family team hires as Brabners strengthens personal offer

20 Dec 2024

4

Amazing Accrington bring in almost £400k in funding to Hyndburn Clayton Boxing Club press.jpg.jpg

Amazing Accrington bring in almost £400k in funding to Hyndburn

19 Dec 2024

5

BAE Systems solar powered aircraft achieves new stratospheric success The flight

BAE Systems solar powered aircraft achieves new stratospheric success

19 Dec 2024

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Preston Tech Connection - January Meet-Up
Nov Preston Tech Connection event banner-4.png.png
LBV Hub Networking
15 Jan 2025 - 15 Jan 2025

Preston Tech Connection - January Meet-Up

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

The Business Network Central & East Lancashire
LBV Hub Networking
16 Jan 2025 - 16 Jan 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

R.I.S.E. and Shine
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
16 Jan 2025 - 16 Jan 2025

R.I.S.E. and Shine

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

08:45 - 11:00

LBV120 Magazine Launch Event
DSC9389
Networking
17 Jan 2025

LBV120 Magazine Launch Event

Lancastrian Suite, Town Hall, Chorley, PR7 1DP

08:30 - 10:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV118 Online Graphic
Subscribe now

Weekly news bulletin