If a child is left out of a will can they contest it ?

Arguably one of the most upsetting things is to find out that you have been cut out of your parents will. So what can you do if you find yourself in this position ?

The starting point is always to seek legal help from a solicitor experienced in contesting wills. The need to act quickly is crucial as contesting a will prior to probate being obtained is much easier, whilst it is important that no estate assets are distributed.

As a child of the deceased you options as regards contesting the will, ultimately depend upon what legal grounds you to challenge the will. Here are the important points to note :-

1. As a child of the deceased you automatically fall within the list of persons entitled to contest a will.
2. The starting point is always get hold of a copy of a will quickly from the Executor – this enables investigations to be undertaken promptly.
3. If an Executor refuses to disclose a copy of the will then a caveat can be issued.
4. Once a copy of the will is obtained preliminary investigations can then be undertaken to determine whether the will can actually be contested for example did the testator have the capacity ? was the will correctly executed ? was undue exerted ?
5. Even if the will is still valid, if you are a child of the deceased and left out of a will, and no provision is left, you can make a claim under the Inheritance Act for reasonable financial provision

If you have been cut of a will and need help, we specialise in will disputes – speak to Tim Murden on 01482 429985 or e-mail at tim.murden@tmsolicitors.co.uk