Can a Child Contest a Will if Excluded? (UK)

Being left out of a parent’s will does not automatically mean you are entitled to inherit. However, there are circumstances in which a child may be able to contest the will or make a claim against the estate. 

UK laws vary between the nations, with rules in England or Wales differing from those in Scotland or Northern Ireland. JMW can only assist with will dispute cases within England and Wales - the following guide will apply to these regions only.

In some circumstances, an excluded child may be able to take legal action to challenge the validity of a will or seek reasonable financial provision from the deceased’s estate. However, the process may involve court proceedings and can be complicated, depending on the relationship with the deceased and the reasons for the exclusion. We recommend seeking specialist legal advice, as mistakes can lead to delays and significant legal costs.

There are two main ways an excluded child may take legal action:

• Challenging the validity of the will
• Making a claim for reasonable financial provision from the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.

In the following guide, the will dispute solicitors at JMW explore how this applies, and explain what children of a deceased person will need to do to challenge a will successfully and receive a distribution from the estate.

Can I Contest My Parents’ Will?

A parent can legally exclude a child from their will. Being left out does not, by itself, make the will invalid or give the child an automatic right to part of the estate.

However, an excluded child may be able to make a claim if the will does not make reasonable financial provision for them. This may be particularly relevant where the child was financially dependent on the deceased or has a genuine financial need.

A child may also be able to challenge the will itself if there is evidence that it is not valid. For example, this could be because the deceased lacked the mental capacity to make it, was subjected to undue influence or did not properly understand and approve its contents.

Given the complexity of this area of law, you should carefully consider the likely outcome and potential effect on other family members before starting court proceedings. In some cases, discussing the issue with the executors and beneficiaries may help the parties reach an agreement without costly litigation.

If you were left out because of an error in the will, it may be possible to address this through a claim for rectification. See our Will Rectification page for more information.

Alternatively, beneficiaries may agree to vary how the estate is distributed or make a gift from their inheritance. However, they cannot be forced to do so simply because a child has been excluded.

Am I Eligible to Claim?

Before starting a claim, you need to establish the legal basis on which you intend to proceed.

You may be able to challenge the validity of a will if, for example, you were a beneficiary under an earlier will and have grounds to argue that the deceased’s latest will is invalid.

A different group of people may be eligible to claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. They include:

• The deceased’s spouse or civil partner
• A former spouse or civil partner who has not remarried or entered another civil partnership
• A person who lived with the deceased as if they were married or civil partners
• A child of the deceased
• A person treated by the deceased as a child of the family
• A person who was being maintained by the deceased

Eligibility on its own will not guarantee a successful claim. The court must consider whether the deceased’s will, or the intestacy rules where there is no valid will, made reasonable financial provision for the applicant. A solicitor will strengthen your position throughout the process by testing the strength of the case, building the evidence around financial need or dependency, and showing the court how your relationship with the deceased, the size of the estate and the competing needs of other beneficiaries support the claim.

Laws Regarding Inheritance

There is no law in England and Wales stating that a parent must leave part of their estate to a child. A person can deliberately exclude a biological or adopted child from their will and leave the entire estate. However, the Inheritance Act provides a legal framework through which eligible children can seek reasonable financial provision from the estate.

For an adult child, reasonable financial provision is generally limited to what would be reasonable for their maintenance. It is not based on what the court considers fair or whether siblings received equal inheritances.

When deciding whether reasonable provision has been made, the court will consider:

• The applicant’s current and foreseeable financial needs and resources
• The financial circumstances of other applicants and beneficiaries
• Any obligations or responsibilities the deceased had towards the applicant
• The size and nature of the deceased’s estate
• Any physical or mental disability affecting the applicant or another beneficiary
• The applicant’s relationship with the deceased
• Any other relevant circumstances, including conduct where appropriate

The court has broad discretion over whether to make an award and, if so, what form that provision should take.

Can a Grandchild Contest a Will?

In England and Wales, grandchildren do not have an automatic right to inherit from their grandparents’ estates.

A grandchild may be able to challenge a will if they inherited under an earlier will and there are grounds to argue that the latest will is invalid.

They may also be able to claim reasonable financial provision if they were being maintained by their grandparents. A different type of claim, known as proprietary estoppel, may be possible where a grandparent promised a particular asset and the grandchild reasonably relied on that promise to their detriment.

Anyone considering contesting a grandparent’s will should obtain specialist advice, as the appropriate legal route will depend on the evidence.

Can a Step-Child Contest a Will?

Step-children in England & Wales are eligible to seek reasonable provision from an estate if they believe they have not been adequately provided for from the deceased's estate but only if they have been treated as a ‘child of the family’ by the deceased.

This ordinarily implies the step-child lived in the same household and was brought up by the deceased acting as a step-parent. 

Each case is unique, and step-children are encouraged to consult with a solicitor to understand the merits of their claim.

Can an Adopted Child Contest a Will?

A legally adopted child is generally treated as the child of their adoptive parents for inheritance purposes. This means they can make an Inheritance Act claim against an adoptive parent’s estate in the same way as a biological child.

Adoption normally ends the child’s legal relationship with their biological parents for succession purposes. However, this does not necessarily prevent an adopted child from challenging the validity of a biological parent’s will if they have a sufficient legal interest, such as being named in an earlier will.

There may also be other potential claims where the biological parent expressly included the child in a will or made a clear promise on which the child relied. Specialist advice will be needed to establish whether a valid claim exists.

How Can a Child Contest a Will if Excluded or Seek Reasonable Financial Provision?

When contesting a will or making a claim for financial provision, you should first know what you want from the estate, whether this is money, property or another asset. This will help you and your solicitors understand how realistic your chance of success is in making a claim.

One important factor to consider is the mental capacity of the testator at the time the will was made, as they must have had a sound mind to make a valid will. Secondly, you must consider any time limits, which for many claims (those for reasonable provision) can be within six months of the grant of probate.

Additionally, you should be aware of the potential for undue influence, where the testator may have been coerced into altering their will through pressure or manipulation. This may render a will invalid.

The financial circumstances of other beneficiaries can also influence the court's decision regarding your claim on the deceased's estate. A successful claim will require strong evidence of your relationship to the deceased, including the nature of your financial dependency, and details of your finances, and the court will need to consider the needs of other beneficiaries as well.

If the court rules in your favour, you will be awarded assets from the estate and will receive funds, property or other assets when they are distributed.

If the court determines that you should receive reduced or no provision, and you are dissatisfied with the outcome, you may have the option to appeal the decision after careful consultation with your solicitors, but this is not guaranteed and specific advice from a professional solicitor should be considered.

Visit our Contesting Wills page to learn more about how JMW can help you.

How Long Does an Excluded Child Have to Make a Claim?

A claim under the Inheritance Act should generally be issued within six months of the date on which the grant of representation was made. This is not six months from the date of death.

The court can permit a claim to proceed outside this period, but an extension is not guaranteed. It may become harder to protect your position once the estate has been distributed, so immediate action is important.

Different time limits may apply to challenges based on the validity of a will or other legal grounds. You should seek specialist advice as soon as possible to determine the correct deadline for your claim.

How Can JMW Help?

JMW’s wills, trusts and estate disputes solicitors have extensive experience advising excluded children and other family members involved in inheritance disputes.

We will assess the circumstances of your exclusion, identify whether you have a valid claim and explain the most appropriate legal route. We can also gather evidence, communicate with executors and other beneficiaries, negotiate a settlement and represent you in court proceedings where necessary.

Our team regularly handles claims involving adult children, financial dependency, estrangement, mental capacity, undue influence and disputes over reasonable financial provision.