Navigating the complexities of inheritance law can be daunting, particularly when you find yourself left out of a Will. For adult children, the question often arises: "Can I make a claim if I have been left out of a Will?" At Gosschalks, we understand the emotional and financial implications of such situations and are here to provide you with reassurance.

The Basis of a Claim

Under the Inheritance (Provision for Family and Dependants) Act 1975, in certain situations, including when parents leave adult children behind, people, such as adult children have the right to make a claim against the estate if they believe that their parent’s Will does not make reasonable financial provision for them. This can apply whether or not the parent left a Will or died intestate (without a Will).

Reasonable Financial Provision

The court considers several factors when determining whether reasonable financial provision has been made for an adult child. These factors include:

• The financial needs and resources of the child
• The financial needs and resources of other beneficiaries
• Any obligations and responsibilities the parent had towards the child and other beneficiaries
• The size and nature of the parent’s estate
• Any physical or mental disability of the child
• Any other matter the court considers relevant

For adult children, the court will typically assess whether they could reasonably expect financial provision for their maintenance, considering their standard of living and financial needs.

Steps to Making a Claim

If you believe you have grounds to make a claim, it is crucial to act immediately, as there are strict time limits. Generally, a claim must be made within six months from the date of the grant of probate or letters of administration.

Initial Steps

1. Seek Legal Advice: Contact a solicitor experienced in inheritance disputes to discuss your case and determine whether you have a valid claim.
2. Gather Evidence: Collect all relevant documents, including the will (if available), financial records and any information that supports your claim.
3. Draft your Claim: Your solicitor will help you complete and submit a Letter of Claim to explain why you should receive an inheritance. If disputed, they can prepare the Claim Form and Witness Statements to initiate your claim.

Mediation and Settlement

Many inheritance disputes are resolved through mediation, where both parties meet with an independent mediator to reach a compromise. Mediation can be a quicker and less costly alternative to court proceedings.

Court Proceedings

If mediation is unsuccessful, the case may proceed to court. The court will hear evidence from both parties and make a decision based on the merits of the case. These cases give the court a wide discretion so it is essential to have skilled legal representation to present your case as positively as possible.

Conclusion

Being left out of a Will can be a distressing experience, but it is important to know that you have legal options. At Gosschalks, our team of experienced solicitors is here to provide you with the advice and support you need to navigate this challenging time. Whether through negotiations, mediation or court proceedings, we are committed to helping you achieve a fair resolution.

If you have any questions or need assistance with making a claim, please do not hesitate to contact us. We are here to help you understand your rights and ensure that your interests are protected.

About the author: Ben Marsden