CONTESTING A WILL WITH WILLCLAIM SOLICITORS NO WIN NO FEESPECIALISTS – LESSONS FROM A REAL CLAIM BY A DISINHERITEDADULT SON
Will claim Solicitors, specialist no win no fee will dispute and will contest Solicitors, explain how they were able to win a substantial award for an adult son whom his late father had substantially disinherited
When a Will Leaves You Out: A Son’s Fight for Fairness in an Inheritance Dispute
Losing a loved one is hard enough. But imagine facing that grief only to discover that you’ve been virtually cut out of their Will — despite years of promises, emotional support, and shared understanding. Sadly, this is the reality for many people involved in a will dispute, and one recent case sheds light on how complex and emotionally charged these situations can be.
This is the story of a son’s journey to seek justice in a will claim against his late father’s estate — a story that will resonate with anyone navigating an inheritance dispute or considering their own family’s legacy. These are not, however, easy claims to win; for more information follow our earlier blog at:
The Background: A Sudden Shock
In late 2023, a man in his late 60s was devastated by the passing of his father. But the emotional blow was compounded by something he hadn’t expected: under his father’s Will, dated back to 2013, he was effectively disinherited.
Despite being one of two children, his sister was left the majority of the estate, including valuable properties and business interests. He was offered only a distant chance of receiving anything — a potential discretionary share, with his sister and her lawyers acting as the trustees. In other words, the people controlling the estate had little incentive to act in his favour.
This led him to bring an inheritance claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) using our specialist no win no fee will contest and will dispute services — the Act is designed to protect people in just this sort of position.
Why the Will Was Contested
The son had strong reasons to believe the Will did not reflect his father’s true intentions.
He had been promised — both by his father and mother — that the estate would be shared between him and his sister. Previous Wills even reflected this. The 2013 Will was created during a time when the son was dealing with bankruptcy. After he was discharged, his father never updated his Will — possibly due to misunderstanding, delay, bad advice or manipulation by his sister.
The son also pointed out that his situation had changed dramatically since 2013. He was now in poor health, caring full-time for his ill wife, and living in near poverty. He and his wife relied entirely on benefits and lived in a rented property under threat of redevelopment. They were at serious risk of becoming homeless. In other words his circumstances had changed dramatically; taking a turn for the worst.
Fortunately, there is strong precedent that in this type of case, the court should consider making an award under the Act. The precedent for this can be found in the leading case which deals with claims of this nature under the Act called Ilott v The Blue Cross and others 2017:
Ilott (Respondent) v The Blue Cross and others (Appellants) – UK Supreme Court
Lord Hughes at paragraph 17 of the Judgment summarises the position:
“The deceased may have acted reasonably at the time that his will was made, but the circumstances of the claimant may have altered, for example by supervening chronic illness or incapacity, and the deceased may have been unaware of the full circumstances, or unable to make a new will in time”
The circumstances in which his father made the Will had changed dramatically and under UK law, a Will that fails to make “reasonable financial provision” for a dependent family member can be challenged — which is exactly what we set out to do for him.
What He Was Claiming
We calculated that he needed approximately £174,000 from the estate to meet basic needs like:
- Rent or new accommodation;
- Furniture and household essentials;
- Transport and debt relief;
- Income to live with dignity;
- Care support, including respite from his carer responsibilities.
On his behalf, we made comparisons with other successful will claims, including:
- A 60-year-old man awarded over 50% of the estate in Fennessy v Turner (2022);
- Adult children in similar situations in Nahajec v Fowle (2017) and (as mentioned) Ilott v Blue Cross (2017).
In each case, the courts recognised that adult children without financial independence or
stability may still have a valid inheritance claim, especially when there are moral
obligations and promises that were not honoured.
The Estate and the Offers
The estate is thought to be worth around £500,000, made up of property and company shares. The sister was reportedly running a profitable business, had recently sold a hotel for a substantial sum, and had even booked a round-the-world cruise.
In contrast, her brother was offered just £32,000, all-in — a figure he felt was entirely inadequate.
We rejected the offer, considering that he had a much stronger case and a compromise figure of £135,000.00 was agreed at a mediation which we conducted on his behalf.
Why This Case Matters
This will contest is a powerful example of the real-life complexities behind inheritance disputes. It’s not just about money. It’s about:
- Broken promises;
- The changing needs of family members;
- Misunderstandings and misinformation;
- Balancing legal rights with emotional bonds.
It also highlights the flexibility and purpose of the Inheritance Act 1975, which exists to ensure fairness and protection for those left vulnerable — especially where outdated Wills no longer reflect reality
If you consider any of these facts and matters are of interest, are likely to apply to you, or you would like to ask us for more information about our no win no fee arrangement, or you simply want us to assess your claim, then please do not hesitate to contact us for a confidential no strings chat and/or visit us at www.willclaim.com.
We provide details about our no win no fee arrangements at https://www.willclaim.com/no-win-no-fee/.