I Was Left Out of the Will – Can I Somehow Make a Claim?


If you have loved and cared for someone close to you, you may be surprised when they pass away that you were not included in their will.

Last Will and Testament

If you were not included in the will and do not benefit under intestacy rules, you can feel left out in the cold.

What Does the Law Say?

The Inheritance rules (or 75 Act as some solicitors like to refer to it), was designed to help:

  • Cohabitants
  • Civil partners
  • Children
  • Spouses
  • Those who had been financially supported by the deceased

Intestacy rules can often be unfair and not make provisions for those that need them. Although a person is free to leave what they like to who they like in their will, the law recognises that in some cases, this rule should not apply.

A good example of this would be if you were taken care of by an elderly distant relative. They may have raised you from a young age, supported you through university and then continued to help you in your adult life. If they pass away before amending their will to include you, you may miss out.

In this example, you may be able to prove that you were financially supported by your relative and claim some kind of financial provision under the 75 Act.

Is There a Time Limit?

All claims are decided upon based on their merits, so the more information and evidence you have to back your claim the better. Your solicitor will be able to tell you what kind of evidence you need to be successful.

Very strict time limits, far shorter than most other legal claims apply to making a claim under this Act. If you think you have a potential claim, you should contact a solicitor as soon as possible.

If you think you are out of time, the court has the discretion to allow late claims, however, once you become aware of your right to make an inheritance claim you should act.

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