Am I Legally Entitled to an Inheritance?

The inheritance laws of England and Wales are based on the concept of testamentary freedom.

This means that an individual can leave their estate to whom they wish.

They do not need to leave it to a family member, firstborn, spouse or friend.

Several statutes apply to estate issues, including the Administration of Estates Act 1925 and the Inheritance (Provision for Family and Dependants) Act 1975.

Both have complex provisions.

The rights to an inheritance will depend on the following:

• Did the deceased leave a valid will, or
• Did they die intestate (without a valid will)

If the deceased left a valid will, the terms of that will would apply, and the executors must administer the estate according to that will.

Absent a will, the estate will be dealt with under the terms of the intestacy rules, which means the estate will follow the family bloodline.

Spouses and/or civil partners will be the first to benefit under the intestacy rules.

Whether they will receive the whole estate will depend on whether the deceased left any surviving children.

The estate size is crucial, as the spouse or civil partner is entitled to the first share as of right.

The amount the spouse or civil partner will inherit depends on when the deceased passed away, as the rules have changed over the years.

For example, if the deceased died on or after 26 July 2023, the spouse/civil partner will receive the first £322,000 of the estate.

If no surviving spouse or civil partner has survived, children, parents, siblings, nieces, and nephews may inherit.

There are circumstances where claims can be made to challenge a will. The main grounds are:

• A lack of Testamentary Capacity: the deceased fails to have the mental capacity to make a Will.
• Undue Influence: where the deceased has been coerced or unduly influenced into making the will.
• Fraud or Forgery and Duress: this arises in circumstances where the will was created by any of these circumstances.
• Lack of Knowledge and Approval: where the deceased failed to understand or approve their will.
• Lack of Proper Execution: where the will does not meet the legal requirements for validity.

If there is cause for concern about a will, a claim can be brought challenging its validity.

If successful, the previous will or intestacy rules will apply, meaning the estate will be distributed to the people entitled under the previous will or the intestacy rules.