Who can contest a will in the UK?

In the UK, a person has the right to leave their estate to whomever they choose. They can leave it to charity, to an individual or put it in a Trust. It’s your choice. However, learning that you have been left out of a will can be extremely distressing, both emotionally and, in some cases, financially. The law provides protection to certain people, such as those who are financially dependent on the deceased. To contest a will, you must have shared some relationship with the deceased.

If you have been removed from a will, you may be able to challenge it under the Inheritance (Provisions for Family and Dependents) Act 1975. However, the conditions for contesting a will are limited. As only certain individuals can challenge a will.

To contest a will it must be one of the following:

• Spouse or common-law partner of the deceased
• A former spouse or civil partner (as long as you have not remarried or entered into a new civil union)
• Living with the deceased as a spouse, cohabitant or common-law partner during the two years immediately prior to death
• A son of the deceased
• A person who was treated as a ‘child of the family’ of the deceased
• A person who is financially dependent in part or in full on the deceased

In order for your claim to be successful, you must be able to show that you need the financial assistance of the estate. If you are going to file a claim, you must do so within 6 months of receiving the grant of probate. The sooner you make the claim the better.

If you are successful with your claim, it will be up to the Court to decide how much of the estate you should receive. They will take into account factors such as your age, financial needs (current and future), and the size of your estate.

You could also potentially file a claim if you are a beneficiary and have not received your gift under the will if this was caused by a default on the part of the executors. If the executors failed or acted unreasonably, you may have a claim against the estate. If you choose to file a claim of this nature, you have 12 years from the date of death to do so.

These types of claims can get complicated very quickly, so this is a situation where we strongly encourage you to speak to an attorney, and to do so quickly.