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10 Wills and Probate
11. What can I do if I think the will is unfair?
If you are unhappy because you have been left out of a will altogether or because you have been left without 'reasonable financial provision', you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. But you can do this only if you are:
If you think you may be able to claim against the estate because you are in one of these groups, you should get legal advice. Claiming against an estate is complicated, and there is no guarantee that a court will agree with your claim. The result depends on the circumstances of the case. There are time limits and other conditions you need to know about. You must lodge your application within six months of probate or letters of administration being granted. You could face a large bill if the court refuses your application or does not decide that the costs should come out of the estate.
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Paul Elmhirst, a solicitor specialising in wills and probate.
Leaflet version: April 2019
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