How to Challenge if You’ve Been Excluded from a Will

Despite the fact that a growing number of adults have failed to create a last will and testament, it’s thought that as many as three in four people are likely to experience a probate dispute in their lifetime.

In fact, inheritance disputes are most common among siblings, who are more likely to contest estates in instances where no will exists or fight against the express wishes of the deceased.

In some cases, of course, such legal challenges are fair and just. But how can you go about contesting a will? Here are some ideas to keep in mind:

The Legal Ramifications – Leaving Your Estate to Dependents

Let’s start with the basics, as there’s no legal requirement to leave your estate to legal dependents (your children) in the UK.

This is different to many European jurisdictions, which stipulate that some or all of your estate must be left to legal dependents through a formal will.

Of course, this is another common cause of contested wills in the UK, as dependents who believe that they’ve been unreasonably excluded from a will are required to go to court in order to prove their claim.

In addition to dependents, siblings and spouses can also bring a legal claim, while former wives and husbands may also have a claim if the deceased has not remarried in the period between the divorce and their death.

Interestingly, a person who has been treated as a child of the deceased (in relation to a relevant marriage or civil partnership) may also be entitled to bring a claim, although this type of case is notably harder to prove in a UK court of law.

As we’ve already touched on, however, most wills are contested by siblings, current or former partners and dependents, with this type of case commonly aired in courts across the length and breadth of the land.

Addressing Financial Provisions and Making Your Claim

If you do take the emotionally difficult decision to contest a loved one’s will and bring a case, there are a couple of key considerations. Firstly, you’ll need to determine that you have a viable claim and can bring this successfully to court.

Secondly, you’ll need to consider funding your claim and legal representation, which may be challenging depending on the complexity and potential length of any dispute. In this case, you may want to consider taking out an inheritance dispute loan to finance your legal costs, making the process much less stressful overall.

The financial claim on any inheritance depends on multiple factors, including the identity of the claimant and their relationship with the deceased.

However, there are seven specific factors considered by UK courts, including the claimant’s financial resources and their likely needs in the future. Then there’s the wider financial needs of additional claimants, and any obligations of the deceased towards the full list of prospective beneficiaries.

Other prominent factors include the size and composition of the deceased’s estate (which can include cash, bonds, stocks and property among other things), which will be considered alongside the claimant’s physical or mental capacity and their historic conduct or the presence of a criminal record.