What should you do if you’ve been left out of a Will or you’ve not been left what you thought you would receive?
A Will is an important document setting out who should inherit what when you die. Despite the fact it performs such a crucial role in taking care of our loved ones, more than half the people in the UK die without having made a Will.
If you die without leaving a valid Will (or any Will at all) the law will decide who receives what. The law states only married or civil partners and certain close family members can receive anything (although what they actually receive will depend upon the value of your assets).
People often don’t realise that if they’re living with somebody but aren’t married or in a civil partnership and their partner dies without leaving a valid Will, they aren’t legally entitled to anything.
Also of concern is of the minority who do make a Will, many fail to keep them up to date which could well mean the Will no longer reflects their true wishes.
So what can you do if you find:
- You have been left out of a Will completely?
- What you have been left does not adequately provide for your needs?
The law enables certain categories of people to make a claim for provision from an individual’s estate. There are many factors the Court will consider when deciding whether to make an award so you should seek advice from a specialist solicitor to determine whether you qualify.
Most importantly, you need to do this as soon as possible as there are strict time limits for bringing a claim of this nature and if you fail to bring a claim within 6 months of the grant of probate, you may be unable to make a claim at all.
If you find you have been left out of a Will completely or what you have been left does not adequately provide for your needs and you would like to make a claim, please call Emily King on 0114 290 6292 or email Emily at firstname.lastname@example.org.