If you have been left out of a will, the operation of the Inheritance (Provision for Family and Dependants) Act 1975, “the Act”, allows certain categories of people to apply for financial provision from the estate following the testator’s death.

Section 1(1) of the Act sets out the categories of people who can make a claim.

Crucially, if you are a step-child of the deceased, section 1(1)(d) gives you standing to make a claim:

(d) “any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family”

As a claimant, you must prove that the will has failed to make “reasonable financial provision” for you under section 1(2) of the Act.

For a step-child, the ‘ordinary standard’ would be applicable, which allows for “such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive his maintenance”.

This means that somebody who is able to provide for their own maintenance would be less likely to succeed.

The common guidelines, listed in section 3(1) of the Act, that the court will consider in an application include:

a)   the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;

b)   the financial resources and financial needs which any other applicant for an order under section 2 of this Act has or is likely to have in the foreseeable future;

c)   the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;

d)   any obligations and responsibilities which the deceased had towards any applicant for an order under the said section 2 or towards any beneficiary of the estate of the deceased;

e)   the size and nature of the net estate of the deceased;

f)     any physical or mental disability of any applicant for an order under the said section 2 or any beneficiary of the estate of the deceased;

g)   any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.

The court will assess the relevant factors on a case by case basis and it is important for legal advice to be sought in respect of an inheritance dispute, will dispute or contentious probate case.

If you would like advice about making an application under the Inheritance Act 1975, a will dispute or any type of contentious probate case, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.

We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.

We offer an initial no obligation telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.