Can your parents disinherit you? In England and Wales, a parent can generally leave their estate to whoever they choose. However, there are circumstances in which a disinherited child may be able to challenge a will or make a claim against an estate.
In England and Wales, the law says that any money that is in your name is your money and when making a will you can do with it what you want. This is known as freedom of testamentary expression.
However, the law does place some restrictions on this freedom even where a will is valid and has been entered into freely.
If you have been disinherited, there may be several options open to you if you want to investigate the circumstances and contest a will.
Validity of the will – procedural requirements
A will needs to comply with the requirements of the Wills Act 1837.
sets out several procedural steps that must occur before a will is valid. It is possible that those formal steps have not been complied with and therefore you are entitled to investigate the position if there is a suggestion the will may not be valid.
You do not need to use a solicitor to make a will but generally, if a solicitor has been used, it is more likely the will has been created correctly and will be upheld as valid.
A person must have knowledge and approval of the content of the will at the time they sign it. If they have not read the will carefully this could also lead to a successful challenge.
Validity of the will – testamentary capacity
A will is not valid if the person making it did not have sufficient “testamentary capacity” to make their will. Testamentary capacity is the legal and mental ability of a person to make a valid will, ensuring they understand the nature and consequences of their decisions.
It is possible that they were confused due to dementia or some other mental impairment and this effected their decisions making process.
Obtaining medical records and investigating the deceased’s mental state at the time they made the will can lead to a successful challenge to the validity of the will.
Validity of the will – what is fraudulent calumny or undue influence?
It is possible you have been disinherited because of unreasonable pressure put upon your parent by another person.
Alternatively, someone may have told lies about you to your parent which has made them want to disinherit you.
If proven, it could fall under ‘fraudulent calumny or undue influence. Essentially, the making of false of defamatory statements about someone in order to damage their reputation.
This could give rise to a valid challenge to the validity of the will. These types of challenge need careful consideration, and each will turn on the specific facts of the case.
Reasonable provision claims
A will may be entirely valid but certain categories of people can claim against the estate if they have not had reasonable provision made for them.
Can a disinherited child make a claim under the Inheritance Act 1975
A child of the deceased can bring a claim for reasonable provision, but they must show it was unreasonable for them to have been disinherited and prove they have a financial need for an inheritance.
If that child is wealthy in their own right, a claim is unlikely to be successful however “unfair” the situation appears.
If there is a very good reason why a child has been disinherited then a Court would be very reluctant to make an award even if that child has unmet financial needs.
How Tees can help
If you are affected by any of the issues above then it is important you get early legal advice as there can be strict time limits when dealing with disputes about estates and inheritance.
At Tees Law we regularly act for estates defending the validity of a will but we also act for disappointed beneficiaries who may want legal advice to address any wrong they have suffered.
