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What happens if you’ve been left out of a loved ones will?

Posted on Friday, 31st January 2014 by

Photo Credit: Jonathan Kos-Read via Compfight cc

It is often difficult to know where to turn when a loved one passes away.  If there is a will in place at the time of someone’s death, their estate will be dealt with in accordance with that will.  In some cases the will was made numerous years in advance and loved ones may not be a beneficiary in that will.  So, what can you do if this has happened to you?


There are a couple of options, one of which is to consider making a claim under the Inheritance (Provision for Family and Dependants) Act  1975.  Claimants who find themselves in a position where they were financially dependant upon the deceased but were not provided for under the will adequately or at all, may be entitled to make a claim.  It is important to keep in mind a claim against a person’s estate for reasonable financial provision can only be made before the end of the period of six months from the date on which a grant of representation is taken out.


This means claims against an estate must be issued at Court within 6 months of either the grant of probate or the letters of administration being obtained, failing which, the Court may refuse permission for a claim to be made.


If you are in a position where you are unsure whether you are able to challenge a deceased’s will, contact us for a no obligation discussion on 0800 999 8880.


Frances Jacobs is one of our Solicitors in Leicester, who are all experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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Paul Stubbs - Litigation
Paul Stubbs - Litigation
paul.s@ehlsolicitors.co.uk 01332 862 113
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