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What Rights Do I Have If My Parents Leave Me Out Of Their Will?

an elderly couple writing their will to show what rights you have if you're left out your parent's will

Losing a parent is a traumatic experience, even for people who were not on the best of terms. Discovering that you have been excluded from a parent’s Will, however, can be devastating, especially if you enjoyed positive relations throughout your adult life. It is not uncommon for people in this situation to experience intensely conflicting emotions, such as loss, anger and betrayal.

While exploring your legal options may be the last thing you want to do when you have suffered a bereavement, it is important that you consider your rights and act quickly to achieve a satisfactory resolution. Will Dispute Solicitors can help you to understand your options and give you an insight into what is involved in challenging a will.

What Are My Legal Rights?

Under the Inheritance (Provision for Family and Dependants) Act 1975, all biological and legally adopted children of a deceased person may submit a claim to be considered in the distribution of their parent’s estate.

However, it is important that you act quickly to meet statutory deadlines: if you think you should have been included in the Will, you only have six months to issue the claim from the date of Grant of Probate – or otherwise, you will lose the right to do so, at all (unless the Court grants you permission to start the claim ‘out of time’, which it rarely does).

An entitlement to challenge the Will does not, of course, automatically mean you will have an entitlement to benefit from your parent’s estate. Every claim is considered on its own merits and the court will make an informed decision in due course.

Is There An Alternative Solution?

An alternative, and swifter, option would be to approach family members or friends who are named as executors and the residuary beneficiaries to ask them to enter a Deed Of Variation.

A Deed Of Variation is a legal document that alters how assets are distributed in a Will. If they are inclined to agree with your claim and consider the Will in its present form to be unfair, it is well worth discussing the situation with them to try to reach a compromise.

A Deed Of Variation does not need to be written by a solicitor. However, Will Dispute Solicitors will have the experience and legal knowledge to advise on reaching a fair settlement, which is inevitably easier, quicker, and less confrontational than an individual suing the estate in court.

Looking For Wills And Probates Solicitors In Burton On Trent? Contact Us Today

To find out more about Astle Paterson’s Wills and Probate service, please call us today on 01283 531366 or send us a message and one of our team be pleased to assist you.