I’ve been excluded from the will, what can I do?

Factors the court will consider in an Inheritance Act claim

1. the financial resources and financial needs which the child has or is likely to have in the foreseeable future;
2. the financial resources and financial needs which any other applicant under the Act has or is likely to have in the foreseeable future;
3. the financial resources and financial needs which any beneficiary of the estate of the Deceased has or is likely to have in the foreseeable future;
4. any obligations and responsibilities which the Deceased  had towards any applicant or any beneficiary of the estate of the Deceased;
5. the size and nature of the net estate of the Deceased;
6. any physical or mental disability of any applicant or  beneficiary of the estate of the Deceased;
7. any other matter, including the conduct of the applicant or any other person, which  the court may consider relevant.

Other factors to be aware of are before bringing a claim against the estate are:

• The parent must be Deceased . You cannot bring a claim under the Act if they are still alive, although it is sometimes helpful to get advice early on.
• The Deceased has total freedom to leave their estate to whoever they choose and simply being a child of the Deceased is  not enough to bring a successful claim. A child has no entitlement, although a parent will be expected to provide for a child under 18 years old.
• You must bring a claim within 6 months of the Grant of Probate/Letters of Administration. There is no guarantee that late claims will be allowed to proceed as you must provide a compelling explanation for the delay and demonstrate the strength of your claim, which is not easy.
• If you are in receipt of benefits you should ensure that any award you receive does not impact your benefits as sometimes this can leave you in a worse of position.
• If the child was estranged from the Deceased, this can make it far less likely that they will be awarded anything.  A child will also be expected to show some form of moral obligation was owed to them by a parent.
• Do not expect a lump sum. As these claims are based on a child’s maintenance needs it is far more likely the Court will award income payments (though these may be paid in one lump sum) or a life interest in a property rather than a property outright.
• Paying the legal costs in such claims can be difficult if not impossible. If you were able to pay the legal costs you probably would not meet the criteria to bring a successful claim. Our team are aware of these difficulties as a result of which we can offer Conditional Fee Agreements (“CFA”) also known as no win no fee arrangements. We do usually need some payment upfront in order to assess the merits of the case and gather evidence. If we feel the case has good prospects of success after our initial assessment and a careful review of the evidence then we can offer a CFA.