Last Updated on October 20, 2025 by tanya

If You’ve Been Left Out of a Will

 

How to Make an Inheritance Act Claim

If you’ve been left out of a will when you thought you would be a beneficiary can be deeply distressing, particularly if you were financially dependent on the deceased.

You may feel shocked, confused, and unsure about your legal rights. The good news is that inheritance law does provide protection for certain individuals, even if they are not named in a will. This is done through the Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act.

So, if you find out you’ve been left out of a will, what can you do? Our team can guide you as to whether you are eligible to challenge a will and how make an Inheritance Act Claim. The Act allows specific categories of people to make a claim against an estate.

This would be if they believe the will (or intestacy laws, if no will exists) fails to make “reasonable financial provision” for them.

 

At First Personal Injury, we work with solicitors who are highly experienced in contentious probate and who can discuss the legal options available for you.

 

Why Would Someone Be Left Out of a Will?

There are many reasons why someone might be left out of a will, which may include:

 

• Family disputes or estrangement
• A belief that the individual is financially independent
• A mistake or oversight by the deceased
• Undue influence or coercion from other beneficiaries
• A desire to leave everything to a new spouse or partner

 

Whatever the reason, if you feel you’ve been unfairly excluded, there are legal remedies available.

 

Who Can Claim Under the Inheritance Act?

You may be eligible to make a claim if you are:

 

• The spouse or civil partner of the deceased
• A former spouse or civil partner (not remarried)
• A child of the deceased (including adult children)
• Someone treated as a child of the family
• A person who was financially dependent on the deceased

 

If you fall into one of these categories, you may have grounds for a claim.

 

What Is “Reasonable Financial Provision”?

This depends on your relationship with the deceased. The court will consider several factors, including:

 

• The financial needs of the claimant
• The size and nature of the estate
• The obligations and responsibilities of the deceased
• Any disabilities (physical or mental) of the claimant
• Any other relevant circumstances

 

How to Make an Inheritance Act Claim

If you believe you’ve been unfairly left out of a will, here’s what to do next:

 

Act Quickly – Time Limits Apply

You have six months from the date probate is granted to make an Inheritance Act claim. However, in rare circumstances, the court may allow late claims, but this is not guaranteed.

Seek Legal Advice

Inheritance claims can be complex. So a specialist solicitor will help you understand your rights and increase your chances of success.

Gather Evidence

To support your claim, you’ll need to obtain:

 

• A copy of the will
• A copy of the grant of probate
• Evidence of your financial needs
• Proof of your relationship and/or dependency on the deceased
• Any relevant correspondence or witness statements

 

Most inheritance disputes are settled out of court via mediation through your solicitor.  If this fails and you have to go to court, a judge will assess the facts and determine what remedy is appropriate.

 

Challenging the Validity of the Will

In some cases, you might even want to challenge the validity of the will itself. Grounds for this may include:

 

• Lack of mental capacity when the will was made
• Undue influence by another person
• Fraud or forgery
• The will was not executed properly

 

These challenges are separate from an Inheritance Act claim but can be pursued together if relevant.

 

5 Frequently Asked Questions (FAQs)

1. Can I challenge a will if I’m not named in it?

Yes. If you were financially dependent on the deceased or had a close relationship, you may be able to make a claim under the Inheritance Act.

 

2. What is the time limit for making an Inheritance Act claim?

You must make a claim within six months of the grant of probate. Extensions are rare and require court approval.

 

3. Can adult children claim under the Inheritance Act?

Yes. Adult children are eligible if they can demonstrate financial need or dependence on the deceased.

 

4. Do I need a solicitor to make a claim?

While it’s legally possible to represent yourself, inheritance law is complex, and claims are easier to win with the help of a specialist inheritance solicitor.

 

5. Can stepchildren or cohabiting partners claim?

Yes, if you were treated as a child of the family or were financially dependent on the deceased. Cohabiting partners must have lived with the deceased for at least two years prior to death.

 

Find Help Today

Being left out of a will is painful, but it’s not always the final word. If you believe you have a rightful claim, the Inheritance Act 1975 offers a path to securing reasonable financial provision. Acting quickly, gathering the right evidence, and working with a solicitor can make all the difference.

 

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back at a time that suits you.

 

We partner with experienced probate lawyers who 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.