Inheritance Act
You may be able to claim if you were financially dependent on someone who died without a valid Will.
Contesting probate when there is no Will (intestacy)
If a loved one has died without leaving a valid Will, dealing with their estate can be daunting. We’re here to help you through the process and make sure you receive the provision you’re entitled to.
What are the rules of intestacy?
When a person dies without leaving a valid Will they're said to be ‘intestate’. The rules of intestacy are the laws governing who has the right to inherit from their estate.
Under the rules of intestacy, spouses and children take precedence – unmarried partners have no automatic claim on the estate.
All the deceased’s property will pass to their spouse, as well as the first £250,000 of the estate (if the estate is valued over £250,000). The remainder of the estate is then split – half will go to their spouse, and the other half will be divided equally between their children.
If there is no surviving partner, the deceased’s children will inherit the estate. Other family members, such as siblings and grandchildren, will only inherit when there is no surviving spouse or child.
These rules also dictate who can apply for a grant of representation to administer the estate in the absence of a named executor. Again, this will usually be the spouse or civil partner.
You can use the government’s intestacy calculator to work out who inherits if a loved one hasn’t left a Will.
Can you contest probate if there is no Will?
It can be frustrating if you haven't been provided for and now have to content probate when there is no Will.
Unfortunately, it’s not possible to stop the rules of intestacy from taking effect. However, if you believe you are entitled to a share of the estate, you may be able to bring a claim under the Inheritance Act.
The Inheritance Act 1975 allows you to make a claim for financial provision if you have not been provided for, or you haven’t been given enough. This might be the case if:
- You were living with the deceased but were not married or in a civil partnership
- You were financially dependent on them, but weren’t a spouse or child
- You’ve inherited under the rules of intestacy, but it is not enough to support you.
Claims under the Inheritance Act must be brought within six months of the grant of representation being issued so we advise getting in touch as soon as possible to talk through your options.
Common reasons to contest intestacy
Some of the common reasons and grounds to contest intestacy can include:
- Financial dependency claims (1975 Act Claims): Under the Inheritance (Provision for Family and Dependants) Act 1975, a claim can be made that the rules don't make "reasonable financial provision" for the person's dependent.
- Excluded non-traditional families: In many places, including England and Wales. unmarried partners, stepchildren, or close friends, no matter how long they lived with or looked after the deceased.
- Disagreement among heirs: Potential heirs might dispute how things are being divided. This is often the case if the deceased shared different intentions verbally or in an outdated/non-valid Will.
- Improper administration: If the person acting as the administrator is acting dishonestly by, for example, delaying distribution or not following the intestacy rules, beneficiaries can challenge them.
- Discovery of a later Will: If a Will document is found after the intestacy process has started or finished, it can be halted or reversed.
- Estranged spouse still entitled: An estranged spouse who is not officially divorced can still be entitled. Children or new partners might want to challenge this.
How Irwin Mitchell can help you contest an intestate estate?
When a person dies without a Will this is known as intestacy. The ‘rules of intestacy’ set out who can inherit from an estate. However, these rules may not fully reflect the deceased’s wishes or personal relationships.
We could help you if you are facing problems such as:
- Disputes over who should administer the estate
- The unmarried partner of the deceased hasn’t been provided for
- A child or dependant has not been reasonably provided for
- An estranged spouse has inherited the estate or a part of it.
Contesting probate can feel difficult when there is no Will to back up a claim, especially if the estate is particularly large or complex. The rules of intestacy make no provision for unmarried partners and do not take into account any verbal promises the deceased might have made in their lifetime.
If you feel you’ve been left unfairly out of an inheritance, or you haven’t received the provision you need, we can help. Our expert Will disputes team is the largest in the country, with offices across the UK. We’ve resolved some of the country’s most high-profile disputes and have particular experience with trusts, rural property and overseas assets.
How much does an intestacy dispute cost?
The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.
A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.
How can I cover the cost of my claim?
There are various ways you can cover the cost of your claim, depending on your case. These include:
- Legal Expenses Insurance
- Conditional Fee Agreement (‘No win no fee’)
- Payment on conclusion
- Private monthly billing.
We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.
Frequently asked questions about contesting a no will probate
There are a number of reasons there may not be a valid Will:
- The deceased never wrote one
- They wrote one but it has been lost
- They wrote one but it is invalid
If a Will is found to be invalid because the proper procedure wasn’t followed when it was being drafted, you may be able to make a claim for professional negligence against the solicitor or Will writer who dealt with the deceased’s affairs. Find out more on our professional negligence page.
Finding out that a loved one died without leaving a valid Will can be stressful and upsetting, but we’re here to help. Our team has dealt with some of the key high-profile cases of recent years and can help resolve even the most complex disputes.
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