Valid but Unfair? You May Still Have a Claim Under the Inheritance Act

A Will might be perfectly valid on paper, but still leave you feeling shocked, excluded, or short-changed. If you’ve been treated unfairly in a loved one’s Will, you might assume there’s nothing you can do. But that’s not always the case.

Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be entitled to reasonable financial provision, even if the Will itself is legally sound.

This article explains how these claims work, what the Courts look at, and what you should do next.

Challenging a Will vs Claiming for Reasonable Provision

Let’s clear up a common misunderstanding. There are two very different ways to dispute a Will:

• Challenging the validity of a Will (e.g. fraud, undue influence, lack of mental capacity).

• Claiming for financial provision under the Inheritance Act where the Will is valid,but hasn’t made reasonable provision for you.

You don’t need to prove the Will is invalid to bring a claim under the Inheritance Act. If you fall into one of the eligible categories and haven’t received enough to meet your needs, the Court can step in and make an award from the estate.

What Is ‘Reasonable Financial Provision’?

This is not about fairness in a moral sense. It’s a legal test based on your financial needs and circumstances.

The law asks whether the Will (or intestacy rules, if there’s no Will) has made reasonable provision for your maintenance. The Court considers factors like:

• Your income, housing, and daily expenses

• Any support the deceased gave you during their lifetime

• Your ability to support yourself now

• The size and nature of the estate

If you’re a spouse or civil partner, the test is wider. The Court can consider what you might have received on divorce and isn’t limited to ‘maintenance’.

When Valid Wills Create Unfair Outcomes

Here are some common situations where someone might be legally excluded from a Will but still have a valid claim under the Inheritance Act:

(a) Second Marriages and Excluded Children

A parent remarries and leaves everything to their new spouse, cutting out their children from a previous relationship. Adult children who relied on their parents - financially or emotionally - may be able to claim.

(b) Estranged Families

You had a falling out with your parents years ago. You’re now completely excluded from their Will. That doesn’t automatically defeat your claim, especially if there was a history of support or clear financial need.

(c) Unmarried Partners and Dependants

You lived with the deceased for years but weren’t married, or you were financially dependent on them. If the Will ignores you, the law may step in.

These scenarios are sadly common and they’re precisely the type of cases the Inheritance Act is designed to address.

Think the Will Is Valid but Unfair? You May Still Have Options.

You only have six months from the date of the grant of probate to bring a claim, so time is critical.

Contact our team today for a free, confidential consultation.

We'll help you understand your rights and protect what you’re entitled to.

How Forbes Can Help

We’re specialist contentious probate solicitors with a clear mission: helping people who’ve been unfairly left out or inadequately provided for.

We’ll assess your circumstances quickly, give you clear, honest advice, and if appropriate, act on your behalf to bring a claim, often on a no win, no fee basis.

Most claims are resolved out of Court through negotiation or mediation. But if it has to go further, we’ll fight your corner.

For more information or to discuss your case, contact our Contentious Probate and Trusts division.