{"id":4188,"date":"2021-06-08T16:46:00","date_gmt":"2021-06-08T16:46:00","guid":{"rendered":"https:\/\/simplylaw.waydevelopers.com\/england-wales\/what-to-do-when-left-out-of-a-will\/"},"modified":"2024-05-26T16:31:25","modified_gmt":"2024-05-26T16:31:25","slug":"what-to-do-when-left-out-of-a-will","status":"publish","type":"post","link":"https:\/\/simply.law\/england-wales\/blog\/what-to-do-when-left-out-of-a-will\/","title":{"rendered":"Left Out of the Will? Can you Bring a Disputed Will Claim?"},"content":{"rendered":"

Families are funny things, and sometimes not “ha ha” funny either. In today’s society, with divorce and remarriage a common prospect for many, the state of being a second family, step-family or other familial configuration is commonplace. And while it’s certainly a good thing that these family forms are no longer vilified and stigmatised as much or as often they used to be, relationships that have ended can often cause lifelong issues and disputes.<\/p>\n

In fact, such disputes can emanate after death and a recent Will dispute heard in the High Court is evidence of this.<\/p>\n

Father leaves birth children out of his Will<\/h2>\n

In Re R (Deceased) [2021] EWHC 936 (Ch)<\/i> a claim was made under the Inheritance (Provision for Family and Dependants) Act 1975 by the estranged children of a man who left the entirety of his estate to his parents and partner of seven years. The estate was valued at \u00a3814,000.<\/p>\n

The court heard that when the man and his former wife divorced, the deceased made no attempt to pay child maintenance for the children and that contact between the deceased, his children and former wife was negligible. The mother made no attempt to pursue the man for child maintenance.<\/p>\n

In cutting his children out of his Will, it appears that the deceased understood that the Will might be contested as he had included a statement explaining his reasons for the exclusion. Despite this, in his High Court judgment, Master Teverson held that the Will failed to make reasonable provision for the deceased’s children. They were awarded a total of \u00a3185,984, although this was far below the total sum of \u00a3811,949 they had sought.<\/p>\n

Can you dispute a Will<\/h2>\n

There are four main types of claim in contested Will and probate cases in which someone feels unfairly left out of a Will. These are:<\/p>\n