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

North West business activity growing at increasing pace Pexels Goumbik 590045 Business Growth

North West business activity growing at increasing pace

13 May 2024

2

Building society wins national customer service award Marsden Bulding Society Customer Service Champion

Building society wins national customer service award

13 May 2024

3

Vital Energi commits to employee development IMG_UCLan_Aerial_Campus-0217.jpg.jpg

Vital Energi commits to employee development

13 May 2024

4

HML Recycling renews Accrington Stanley stand sponsorship deal ASFC_HML_2.jpg.jpg

HML Recycling renews Accrington Stanley stand sponsorship deal

13 May 2024

5

How can RfM Transform help you? Screenshot 2024-05-01 at 13.46.50.png.png

How can RfM Transform help you?

13 May 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
14 May 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
14 May 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

LBV116 Magazine Launch Event
DSC9389
Networking
15 May 2024

LBV116 Magazine Launch Event

Fence Gate, Fence, BB12 9EE

16:00 - 18:00

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
15 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
15 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
15 May 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

How to save money, carbon & energy - FREE 30 minutes online event
BU 2024 Events4.jpg.jpg
LBV Hub Webinar
15 May 2024

How to save money, carbon & energy - FREE 30 minutes online event

Online, Blackpool , FY4 1EW

10:00 - 10:30

6 Step Seminar
Chamber Logo1.png.png
LBV Hub Seminars
16 May 2024 - 16 May 2024

6 Step Seminar

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 12:00

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
16 May 2024 - 16 May 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Society1 Freelancer Meet-Up and Coworking Day
Preston Freelancer Meet up and Coworking Day AT SOCIETY1.png.png
LBV Hub Networking
16 May 2024

Society1 Freelancer Meet-Up and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 17:00

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
16 May 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

How to save money, carbon & energy - FREE 30 minutes online event
BU 2024 Events4.jpg.jpg
LBV Hub Webinar
16 May 2024

How to save money, carbon & energy - FREE 30 minutes online event

Online, Blackpool , FY4 1EW

14:00 - 14:30

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 Lbv115 Online Graphic
Subscribe now

Weekly news bulletin