Excluded From My Parents’ Will – Can I Make a Claim?

Are you a child who has been excluded from your parents’ Will(s) or received a small amount from their estate(s)?

If so, you may have a claim under the Inheritance (Provision for Family and Dependants Act) 1975 (“the Act”).

Can I bring a claim as a stepchild or adopted child? 

The Act enables the following child applicants to bring a claim against the deceased’s estate: 

1. A biological child of the deceased (this includes legally adopted children). 
2. Any person (not being a child of the deceased) treated by the deceased as a child of the family. The most common applicant in this category is a stepchild, but it can also extend to anyone who can provide evidence that they were “treated as a child of the family”. 

Section 3 of the Act sets out several factors that will be considered and balanced by the Court when hearing a claim: 

1. The financial needs and resources of the applicant (i.e. your income/ expenditure, assets and debts, now and in the future). 
2. The financial needs and resources of any other applicant (i.e. anyone else bringing a claim). 
3. The financial needs and resources of the beneficiaries under the Will (or intestacy rules if there is no Will). 
4. Any obligations and responsibilities the deceased had towards the claimant, applicant or beneficiary (i.e. did you care for the deceased? Did they make promises that you would inherit?)
5. The size and nature of the estate. 
6. Any physical or mental disability of the applicant, beneficiaries or other applicant. 
7. Any other matter the Court may consider relevant. 

Claims under the Act are very fact specific.

Therefore the costs involved must be considered on a case-by-case basis.

From the outset, we will provide clear and transparent cost information.

We can often accept these claims on a “No Win, No Fee” basis.