What to Do If You’ve Been Disinherited
Disinherited Beneficiaries Understanding the Legal Options
In cases where someone close to the deceased has been disinherited—either by the terms of the will or through intestacy—it can create complex challenges for the executors or personal representatives. The Inheritance (Provision for Family and Dependants) Act 1975 allows specific individuals to make a claim against the estate when they believe they have not received reasonable financial provision.
Who Can Make a Claim?
Spouse or Civil Partner
The spouse or civil partner of the deceased is entitled to make a claim if they believe they have not been adequately provided for in the will or through intestacy.
Children, including Stepchildren
Biological children, adopted children, and stepchildren treated as part of the family may also claim if they are left out of the will.
Former Spouse or Civil Partner
A former spouse or civil partner who has not remarried or formed a new civil partnership may make a claim unless the divorce settlement expressly excludes this.
Unmarried Partners
Cohabiting partners who have lived with the deceased for at least two years can apply to the court for reasonable provision.
Dependants
Anyone who was financially dependent on the deceased at the time of death can also make a claim under the Act.
Understanding Your Rights When Disinherited
If you’ve been disinherited, understanding your legal rights is crucial. Learn about the options under the Inheritance (Provision for Family and Dependants) Act and explore mediation as an alternative to costly litigation.
The Legal and Emotional Costs
Lengthy Legal Battles
Disinherited individuals may take legal action to contest the will, resulting in drawn-out legal proceedings. Such cases can take years to resolve and may involve costly legal fees, potentially reducing the overall value of the estate.
Emotional Toll
The emotional strain of inheritance disputes can be severe, often leading to long- term damage to family relationships. Litigation in such matters can create deep divisions between family members, and the personal costs are often far greater than any financial gain.
How We Can Help
Expert Legal Advice
We provide guidance to executors and personal representatives to manage claims under the Inheritance Act and resolve disputes efficiently.
Mediation Services
Our mediation services help families reach amicable solutions, avoiding costly legal battles and maintaining relationships where possible.
Mediation as an Alternative
Rather than pursuing litigation, mediation offers a more cost-effective and amicable way to resolve disputes over disinherited beneficiaries. Through mediation, families can reach agreements without the stress and financial burden of going to court.
Contact us for professional advice
If someone has been disinherited from an estate you are managing, seek professional advice immediately to avoid escalating conflicts. Contact us for a no-obligation consultation with one of our legal experts.
Facing a disinheritance claim? Contact us today to explore your legal options and avoid costly legal disputes.