Last Updated on May 29, 2026 by tanya

If Promises Made Before Death Are Not in the Will

 

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

 

Contentious Probate: Steps to Take if Promises Left Out of a Will

Family disputes often arise when promises made before death are not in the will of a loved one. When a loved one passes away, emotions run high. It’s a time for grieving, not legal battles. Yet perhaps you were assured you’d inherit the property, receive financial support or be gifted a treasured family heirloom – but the will says otherwise.

Can you enforce that promise? And if so, how? What steps do you need to take if a promise is not reflected in a will?

 

Why Do These Situations Happen?

It’s surprisingly common for people to make verbal promises about their estate during their lifetime. These might be casual assurances or long-standing commitment, such as “You’ll get the house,” or “I’ll make sure you’re looked after.” Unfortunately, unless those promises are properly documented in a valid will, they usually have no automatic legal effect.

A valid will override informal agreements, even if they were made in good faith and in most cases, verbal promises are not enforceable. However, there are exceptions where the law will step in to prevent injustice.

 

Key Legal Remedies

Proprietary Estoppel

If you relied on a promise to your detriment: such as working for years on a family farm for little pay because you were told you’d inherit it – you may have a claim. To succeed, you must prove:

 

Assurance: A clear promise or representation was made.

Reliance: You acted based on that promise.

Detriment: You suffered a disadvantage (usually financial) as a result. Courts can award compensation or even transfer property to you if it would be unconscionable for the promise to go unfulfilled.

 

Inheritance (Provision for Family and Dependants) Act 1975

If you were financially dependent on the deceased and the will fails to provide reasonable support, you can claim for financial provision from the estate.

 

Deathbed Gifts

In rare cases, a gift made in contemplation of death can be valid if strict conditions are met: the gift was conditional on death, and the donor handed over something symbolic (like keys or title deeds).

 

Professional Negligence

If a solicitor failed to include a promised gift in the will despite instructions, you may have grounds for a negligence claim.

 

What Should You Do If This Happens to You?

1. Act Quickly

Time limits apply. For example, claims under the Inheritance Act must usually be made within six months of the grant of probate. Proprietary estoppel claims should also be pursued promptly to preserve evidence and prevent asset distribution.

 

2. Gather Evidence

Document everything:

 

Emails, letters, or texts mentioning the promise.

Witness statements from those who heard the assurance.

Proof of reliance (e.g., financial records showing you worked for low pay or made sacrifices based on the promise).

 

Why Use a Specialist Contentious Probate Solicitor?

These cases are complex. Courts weigh fairness, reliance, and detriment and not just the existence of a promise. A specialist contentious probate solicitor can assess your claim, advise on the best legal route, and represent you effectively.

Contentious probate disputes are emotionally charged and legally intricate. Here’s why expert help matters:

 

Expert Knowledge of Probate Law – From proprietary estoppel to Inheritance Act claims, these cases involve detailed legal principles. A specialist solicitor understands how to build a strong case and navigate court procedures.

 

Objective and Diplomatic Approach – Family disputes can escalate quickly. A solicitor acts as a buffer, reducing conflict and focusing on resolution rather than confrontation.

 

Preserve Evidence and Meet Deadlines – Missing a deadline or failing to secure key evidence can jeopardise your claim. Early legal intervention safeguards your rights.

 

Alternative Dispute Resolution – Many cases settle through mediation, avoiding costly litigation. A solicitor can negotiate effectively to achieve a fair outcome.

 

Emotional Support During a Difficult Time – Losing a loved one is hard enough without legal stress. Having a professional handle the process allows you to focus on healing.

 

Common Scenarios Where Claims Arise

Family Businesses or Farms: Children work for years expecting to inherit, only to be left out of the will.

 Caregiver Promises: Someone gives up a career to care for an elderly relative based on assurances of inheritance.

Property Transfers: A promise to transfer a house or land that never materialises.

Financial Dependence: A partner or child left without reasonable provision.

 

Act Today

If you’ve been left out of a will despite a promise, don’t assume there’s nothing you can do. Acting quickly and seeking expert advice from a specialist contentious probate solicitor help you achieve a fair outcome.

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

Call us now at 0333 358 2345 or contact us online to arrange your free consultation.