A Will is essential in deciding who will benefit from a person’s estate when they pass away. Knowing you’ve been considered in someone’s Will can be a great comfort after they’ve passed.

On the flipside, being unexpectedly excluded from a Will can leave you feeling betrayed, hurt, and with more questions than answers.

Our Head of Civil & Commercial Litigation, Andrew Leakey, explains where you stand if you’ve been left out of a Will that you believe you should have been included in.

While you wouldn’t ordinarily connect a Taylor Swift song with legal advice, she has provided some interesting food for thought in her latest hit ‘Anti-hero’. The line goes:

"I had a dream my daughter-in-law killed me for the money, she thinks I left them in the Will. The family gathers round and reads it and then someone screams out 'she's laughing up at us from hell'" Now, putting aside the circumstances of death, where does the daughter-in-law and the son stand in this situation? Do they have any right to his mother’s estate, even if they haven’t been explicitly included?

When made correctly, Wills are protected by law and cannot simply be overturned. That doesn’t mean, however, that a dispute over a Will can’t be made. With the rise in online DIY Wills and blended families, Will disputes are becoming more and more common. In many cases where a child has been left out of a Will, this is where the Inheritance Act 1975 comes into play.

Protections under the Inheritance Act 1975 Certain individuals who have been excluded from a Will can apply under the Inheritance (Provision for Family and Dependants) Act 1975. This enables:

• A spouse or civil partner
• Someone who has lived together as a spouse or civil partner for the last 2 years
• A former spouse or civil partner who has not former a subsequent relationship
• The child of the deceased or,
• Someone who was treated as a child

To seek a provision from the Will. In addition, anyone not in the above categories but who was financially dependent on the deceased will be able to claim. So, whilst the daughter in law may not have a claim, her partner, the son of the deceased, may be able to seek provisions from his late mothers’ estate. Whilst the act is not a green light which means you will receive a provision, it allows you to apply within a limited time period. The sooner you reach out for expert advice, the sooner you will be able to put this difficult time behind you. Get in touch to speak to one of our expert contentious probate solicitors today. If you would like to talk to one of our empathetic specialist advisers, you can call us or send an enquiry.