The Gentleman: What do I do if I’m left out of a Will?

We’ve all been binge-watching The Gentleman this week, and, although we imagine it’s very rare for an estate to include a property concealing a huge marijuana farm, it isn’t rare for someone to relate to Freddy Halstead, who was left out of his late father’s Will.

If you believe you have been unfairly left out of someone’s Will, the Inheritance (Provisions for Family and Depends) Act 1975 provides circumstances whereby you can make a claim against the estate.

Inheritance Act 1975

The court needs to establish whether or not the deceased’s Will or intestacy failed to provide reasonable and financial provision for the claimant, by the standard applicable to the claimant.

For a spouse or civil partner of the deceased, the standard applicable is reasonable financial provision for the claimant, whether or not is for the claimant’s maintenance.

For all other claimants, the standard applicable is reasonable maintenance for the claimant.

When deciding a claim against an estate, some of the factors the court Will consider are:

• in the case of a spouse or civil partner the court will consider what the claimant would have reasonably have expected to receive if they had divorced on the day the deceased died
• in the case of someone who lived with the deceased, the court will consider the age of the claimant and the length of time they lived together and the contribution the claimant made to the welfare of the deceased’s family
• the financial resources and financial needs which the claimant has or is likely to have in the foreseeable future
• the financial resources and financial needs which any other claimant making a claim against the estate has or is likely to have in the foreseeable future
• the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
• any obligations and responsibilities which the deceased had towards any claimant or towards any beneficiary of the estate of the deceased
• the size and nature of the net estate of the deceased
• any physical or mental disability of any claimant or any beneficiary of the estate of the deceased
• if the deceased maintained the claimant

Who can make a claim?

• A spouse or civil partner
• Children, adopted children, or a person who has been treated as a child of the family (e.g. step-children)
• A former spouse or civil partner who has not remarried
• A person who cohabitated with the deceased for 2 + years prior to their death
• A person who has been financial dependent on the deceased

Time Limits

You have six months to make a claim against the estate from the date the Grant of Probate was issued.

How we can help

If you would like to discuss making a claim against an estate, please get in touch with our Wills, Trusts and Probate team via wtp@mlplaw.co.uk or 0161 926 9969.