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What Should I Do If I’ve Been Left Out of a Will?

13th May 2025

Being left out of a loved one’s Will, or receiving less than you expected, can be deeply upsetting. In the UK, people generally have the freedom to leave their estate to whoever they choose. However, this freedom isn’t absolute. If you believe you’ve been unfairly excluded or inadequately provided for, you may have legal grounds to challenge the Will.

Hannah Kennedy, Director and Head of Dispute Resolution at Myers & Co, explains what to do if you believe you were wrongfully excluded from a Will.

Can You Challenge a Will?

Yes, under certain circumstances. The Inheritance (Provision for Family and Dependants) Act 1975 allows specific individuals to apply to the court for “reasonable financial provision” from a deceased person’s estate, even if they were left out of the Will entirely.

This type of claim doesn’t dispute the validity of the Will itself. Instead, it argues that the Will (or the rules of intestacy, if there is no Will) fails to make adequate provision for someone the deceased had a responsibility to support.

Who Can Make a Claim?

You may be able to make a claim if you were closely connected to the person who died. This includes:

• Their husband, wife, or civil partner
• A former spouse or civil partner (if you haven’t remarried)
• Someone who lived with them like a partner for at least two years before they died
• Their child (including adult children)
• A stepchild or someone treated like a child of the family
• Anyone who was financially supported by them before they died

Each case is unique, and the court will consider the nature of your relationship and the extent of your financial reliance.

What Are You Claiming For?

The court will assess whether the Will (or intestacy) provides enough to meet your basic needs, not necessarily what you might consider a fair share. Factors the court will consider include:

• Your financial situation
• The size of the estate
• What responsibilities the person had toward you
• Whether you have any health issues
• Any other relevant circumstances

For spouses or civil partners, the court may consider what you would have received in a divorce settlement.

What About Stepchildren and Unmarried Partners?

Modern families come in all shapes and sizes, and the law recognises this.

If you were financially dependent on the person who died, or treated as part of their family, you might still be able to claim—even if you’re not mentioned in the Will.

Is There a Time Limit?

Yes, and it’s strict. You must bring your claim within six months of the grant of probate (or letters of administration) being issued. In exceptional cases the court may allow late claims, but this is rare—so it’s crucial to act quickly.

You can check the probate status of an estate using the UK Government’s probate search service.

What’s the Process Like?

Here’s a general outline of what to expect if you decide to challenge a Will:

• Seek legal advice early to assess your eligibility and the strength of your claim.
• Gather evidence of your relationship with the deceased and your financial needs.
• Attempt mediation-many disputes are resolved without going to court.
• If necessary, issue court proceedings under the Inheritance Act.

How Can Myers & Co Help?

Challenging a Will can be emotionally difficult and legally complex. That’s why it’s important to get expert advice early on. At Myers & Co, we can help you understand your rights and guide you through the process.

If you believe you have been unfairly left out of a Will, or not adequately provided for, it’s worth exploring your rights.  For further information please contact Hannah Kennedy, Director and Head of Dispute Resolution at Myers & Co, on 01782 491025 or email hannah.kennedy@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.