How to Deal With Being Disinherited by Parents in the UK
It is a common misconception that no matter what the relationship was like between the parent and child, the child will automatically inherit when the parent dies. The truth is that this is not always the case. If this has happened to you, read on to find out our advice for how to deal with being disinherited by parents in the UK.
Why have I been disinherited by my parents?
You may have recently found out that you were disinherited by one or both of your parents following their death and you do not understand why. You may feel angry, sad or just confused. In the UK, we have complete testamentary freedom, which means that adults are able to leave their estate to whoever they want in their will and this may not include their children. This could be due to a family falling out, a distant relationship or because they chose to give it away unexpectedly, like entirely to a charity.
However, it is worth remembering that it may have been an accidental act. If your parent died suddenly or unexpectedly, they may not have updated their will or they may not have written a will at all and intestacy rules may have applied, meaning the estate was left to the spouse instead of the children.
How to deal with being disinherited by parents in the UK
Even though some countries have rules which oblige parents to leave something to help their children after they pass, our laws make it more complicated for children who believe they have been wrongfully disinherited to claim their percentage of the will. However, it’s possible if you act fast enough.
Under the Inheritance (Provision for Family and Dependants) Act 1975, you may be able to claim “reasonable financial provision” from the estate. Any of the deceased’s children are able to bring a claim, even if they are an illegitimate child, were adopted, or are an adult who was not dependent on the parent when they died.
Seek legal advice
It’s easy to feel overwhelmed when you have been disinherited by your parents. You are suffering with grief while at the same time wondering why you have not inherited what you deserve. The important thing to do is to stay as calm as possible and seek legal advice straight away. Proceedings must be issued within 6 months of the date probate was granted so the time scale is limited.
They will help you to show why reasonable financial provision should have been for you in the will and to prove that this has not happened. They will define how much your claim could potentially be worth depending on the amount needed for your maintenance. These are terms that are not specifically defined in the 1975 Act so it can be confusing, which is why seeking the advice of a solicitor is a must.
Will Claim Solicitors specialize in will disputes and can help you get what you deserve with a no-win-no-fee policy. Call or text us today on 020 3322 5103 to speak to one of our experts about how to deal with being disinherited by parents in the UK.