Disinherited – What Can I Do?

Last Updated on April 29, 2026 by tanya

Disinherited – What Can I Do?

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

How to Challenge a Will

Disinherited – what can I do? And is it final? Not always – you may still have a case to challenge the will. You’ll need to act quickly, get a copy of the will and find out if you may be claim reasonable financial provision under the Inheritance Act, or contest it if you think something is wrong. This may include fraud or forgery, for example if a testator was unduly influenced to sign a will.

Being disinherited can feel like a devastating blow. The emotional blow may cause turmoil and confusion to find out a loved one left you out of a will, or left to deal with the loss of financial security.

If you’ve been left out of a will, it’s natural to feel hurt and betrayed, but the law exists to protect against unfairness, coercion and error.

Why Someone Might Be Disinherited

There are many reasons why someone might be excluded from a will. Sometimes it’s intentional while other times, it may be due to errors or external pressure.

Common causes include:

Family disputes or estrangement.
Remarriage of the deceased, leading to assets passing to a new spouse or stepchildren.
Mistaken assumptions that you don’t need financial provision.
Influence from others persuading the person to change their will.
Clerical errors or improperly executed documents.

The key question here is: Was it a valid and lawful decision?

Grounds to Challenge a Will

Under the law, a will can only be challenged if you have a recognised legal reason. The main grounds include:

Lack of Testamentary Capacity

The testator (person making the will) must have understood:

What a will is and its effect.
The value and extent of their estate.
Who might expect to benefit.

However, if they were suffering from dementia, mental illness, or other cognitive impairment, you may be able to argue they lacked capacity.

Undue Influence

If someone coerced or pressured the testator into changing their will, the will may be invalid. This can occur due to threats, manipulation, or controlling behaviour.

Lack of Knowledge and Approval

Legally, the testator must have been fully aware of the contents of the will and approved them without mistake or misunderstanding.

Failure to Comply with Legal Formalities

A valid will must be:

In writing.
Signed by the testator.
Witnessed by two independent witnesses present at the same time.

Failure in any of these requirements can render the will invalid.

Fraud or Forgery

If the will, or any part of it, was forged or fraudulently altered, it can be contested.

Inheritance (Provision for Family and Dependants) Act 1975

Even if the will is valid, you may be able to claim reasonable financial provision if you were financially dependent on the deceased under the Inheritance Act.

Who Can Challenge a Will?

You must have legal standing which means you are:

A beneficiary named in a previous will.
An intestacy beneficiary (someone who would inherit if there was no will).
A spouse, civil partner, child, or dependent.
Someone with a direct financial interest.

Time Limits for Contesting a Will

Time limits vary depending on your claim. However, it’s advisable to act quickly and before probate is granted. However, to claim under the Inheritance Act, you only have six months from the date of probate to make your claim.

A will can be challenged once probate has started or the assets have already been distributed, but it becomes more expensive and complicated.

Here’s How to Challenge a Will

Seek Legal Advice Immediately

We partner with specialist contentious probate solicitors can assess your chances and advise on urgency.

Enter a Caveat

A caveat stops probate being granted, giving you time to investigate. You can apply online, or alternatively your solicitor will be able to help you with this.

Gather Evidence

Depending on the grounds, this may include:

Medical records.
Witness statements.
Expert handwriting analysis.
Copies of previous wills.

Attempt Early Resolution

Mediation can resolve disputes faster and with lower costs than going to court.

Court Proceedings

If no agreement is reached, a formal claim is made in the High Court by your solicitor.

Alternatives if You Can’t Challenge the Will

If contesting isn’t possible, you might still:

Negotiate with beneficiaries for a voluntary settlement.
Check if jointly owned property passes outside the will.
Claim death benefits from pensions or life insurance.

Disinherited ? Example Case Study

Case Study: Emma’s father changed his will two months before passing away, leaving everything to his new partner. Emma suspected undue influence as her father had been in hospital and heavily medicated at the time.

With a solicitor’s help, she obtained medical records showing his mental state was impaired. The court ruled the will invalid, reinstating a previous will that included Emma as a beneficiary.

Lesson: Evidence and timing are crucial in will disputes.

Key Takeaways

Being disinherited isn’t always final as the law offers routes to challenge a will’s validity.
Grounds include lack of capacity, undue influence, fraud, and failure to follow legal formalities.
Act quickly- some claims have a 6-month limit from the grant of probate.
Always get specialist legal advice before taking action.

Get In Touch Today

Seeking legal advice early, preparing your case thoroughly, and considering alternative dispute resolution can significantly improve your chances.

Our team at First Personal Injury partners with probate solicitors who can guide you through the process to get the help you need at this difficult time.

They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 2345 or contact us online and we’ll call you back at a time which suits you.