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

Union warns strikes will bring BAE Systems ‘to its knees’ bae-systems-samlesbury.jpg

Union warns strikes will bring BAE Systems ‘to its knees’

14 Nov 2025

2

BAE System’s order book hits £27bn BAE Systems

BAE System’s order book hits £27bn

13 Nov 2025

3

County Hall looks at a two-council future for Lancashire County Hall in Lancashire

County Hall looks at a two-council future for Lancashire

13 Nov 2025

4

22 festivals given support from Association of Independent Festivals and Skiddle partnerships AIF and Skiddle supporting festivals

22 festivals given support from Association of Independent Festivals and Skiddle partnerships

13 Nov 2025

5

Sibling hoteliers vie for same tourism award Three of the four generations of hoteliers Ollie, Liz, Nigel and Irene

Sibling hoteliers vie for same tourism award

11 Nov 2025

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
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

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

09:30 - 15:30

The AI Lab: E-commerce
Ai Lab ecommerce (1).png.png
LBV Hub Seminars
14 Nov 2025 - 14 Nov 2025

The AI Lab: E-commerce

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 11:30

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin