What happens if you are left off a Will?
Being excluded from a Will can feel upsetting or surprising. But if you are not named as a beneficiary, it does not always mean you have no rights. This article explains what you can do if you are omitted from a Will, who may still be eligible to make a claim, and what steps to take next.
Step one: Confirm the situation
First, you may want to request a copy of the Grant of Probate or Will. After probate is granted, the Will becomes a public document. You can use the official probate search service to order a copy.
If you cannot find the Executor, speak to a Solicitor who can help contact them or obtain details from the Probate Registry. It is possible that the Will is not the latest version, and a newer Will may exist.
Step two: Are you excluded or unintentionally left out?
There are a few reasons someone may be left off a Will:
- They are included, but their gifts may not yet be specified
- The Will excludes them intentionally
- The person died intestate (without a valid Will), meaning distribution follows intestacy rules
If you believe you should have inherited, for example, if you were promised something or had a close dependent relationship, you may have legal options to challenge the Will.
Inheritance (Provision for Family and Dependants) Act 1975 Claims
The Inheritance Act allows certain people to challenge a Will if left out:
- A spouse or civil partner
- A former spouse or partner who has not remarried
- A child (including adopted and, in some cases, step‑children)
- A person who was maintained, either wholly or partly, by the deceased
To bring a claim, you must apply to the Court no more than six months after the Grant of Probate is issued. Legal guidance is strongly recommended.
Can Executors or beneficiaries resolve it out of court?
Sometimes conflicts can be resolved without going to Court. Executors or beneficiaries may agree to make reasonable provision for a person not mentioned in the Will. This is known as a family or dependants' claim settlement.
Negotiation or mediation can save time, legal costs, and emotional stress. It is often the preferred route if the parties are willing to cooperate.
What if no claim is possible?
If you are not eligible under the Inheritance Act and are not in the Will, then unfortunately, you usually have no legal entitlement. This can include:
- Unmarried partners
- Friends or extended family who were not dependent
- Excluded children unless there was maintenance or informal provision
In such cases, only a new updated Will could have changed the outcome. It highlights the importance of people creating or updating a Will when circumstances change.
Practical steps if you are left off a Will
- Get a copy of the Grant of Probate or Will (after it becomes public)
- Confirm your eligibility under the Inheritance Act
- Speak to the Executor or Estate Lawyer for clarity
- If eligible, consider negotiation or mediation
- If a claim is necessary, consult a Probate Solicitor quickly
Final thoughts
Being left off a Will can be hurtful. But the law recognises that exclusion does not always mean you have no rights. If you meet certain criteria, you may be able to make a claim. If you don’t, your options may be limited. Taking prompt legal advice is the best way to understand your position and possible next steps.
