Being left out of a loved one’s will, or receiving less than you expected, can be upsetting and difficult to understand. Many people assume there is nothing they can do, but that is not always the case.

In England and Wales, there are several legal routes available if there are concerns about whether reasonable financial provision has been made under the will, the validity of the will, or the way an estate is being dealt with.

This area is often referred to as contentious probate.

When can you make a claim?

One common route is a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

This allows certain people to apply to the court if the will, or the intestacy rules where there is no will, does not make reasonable financial provision for them. Eligible applicants can include a spouse or civil partner, a former spouse or civil partner who has not remarried or entered a new civil partnership, a child, someone treated as a child of the family, a cohabiting partner in certain circumstances, or someone who was being financially maintained by the deceased immediately before death.

Claims under the 1975 Act are different from a challenge to the validity of a will. The court is not deciding whether the will is valid, but whether the financial outcome is reasonable in the claimant’s particular circumstances.

There is usually a strict six-month deadline from the date of the grant of probate or letters of administration to issue a claim under the 1975 Act, so early advice is important.

Property and ownership disputes

Disputes do not always relate solely to the contents of a will. In many cases, particularly where unmarried couples, family members or shared property are involved, there may be a disagreement about who owns what share of a property or whether it should be sold.

Claims under the Trusts of Land and Appointment of Trustees Act 1996, commonly known as TOLATA, can help resolve these issues. The court can determine beneficial ownership, decide who is entitled to what share, or order a sale where appropriate.

These claims can arise alongside probate disputes, particularly where property forms part of an estate or where the legal title does not reflect the parties’ contributions or intentions.

Challenging the validity of a will

In some cases, the issue is not whether reasonable financial provision has been made under the terms of the will, but whether the will is valid at all.

A will may be challenged on a number of recognised legal grounds, including a lack of testamentary capacity, where the person making the will did not have the necessary mental capacity; a lack of knowledge and approval, where the person did not understand or approve the contents of the will; undue influence, where pressure or coercion caused the person to make or change their will; fraud or forgery, or failure to comply with the legal formalities for signing and witnessing a will.

Will validity claims can be complex and evidence-heavy. Medical records, solicitor’s files, witness evidence, previous wills and information about the circumstances in which the will was prepared may all be relevant.

What evidence may be needed?

The right evidence will depend on the type of claim. In a 1975 Act claim, the necessary evidence may include details of the claimant’s income, outgoings, housing needs, health and financial resources and their relationship with the deceased. In a will validity dispute, evidence about capacity, the will-making process and the deceased’s relationships may be important.

Because estates can be distributed quickly, it is sensible to seek advice as soon as concerns arise. In some cases, urgent steps may be needed to preserve the estate or prevent a grant of probate being issued while matters are investigated.

What should you do next?

If you believe you have been excluded from a will, received less provision than needed, or you have concerns about how a will was made, you should take advice promptly.

A solicitor can help identify the correct type of claim, advise on time limits, assess the evidence and explore whether the dispute can be resolved without court proceedings.