What if I’ve been left out of a will?
What if my child/children have been left out of a will?
This is also known as an estate dispute. You may feel as if you have been left out of an inheritance or that the inheritance you thought you were getting is missing. Sometimes a person making a will deliberately disinherits family members or children. If you have been left out of the will, there are options for you. You can make an application to the court to ask for further provision.
The Court determines an application for provision in a two-stage process, determining whether the applicant has been left without adequate provision, and then how much provision ought to be made to the applicant. Some of the factors the court will take into account when making its decision include the nature of the relationship between the deceased and the applicant, the size of the estate, the financial resources of the applicant, the age of the applicant, whether the deceased made any provision for that person during his or her lifetime, and the character and conduct of the applicant.
Do I need a lawyer if I’ve been left out of a will?
If you have been left out of a will, you need to contact a lawyer who is an expert in wills and estates immediately. There are very tight time frames in which to exercise your rights if you have been left out of the will and if you delay you may lose your rights. There are rules relating to who can make a claim against an estate for being left out of a will.
To ensure you receive the very best advice, contact an Accredited Specialist in Succession Law (Wills and Estates). Bryan Mitchell of Estate Battles, is an Accredited Specialist and offers a FREE 10-minute phone consultation.