I wasn't left anything in my parent's will. Can I challenge it?

What the Law Says

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people — including children — to ask the court for 'reasonable financial provision' from a deceased person’s estate, even if they were omitted from the will or received little.

You do not have an automatic right to inherit under English law just because you are a child. However, the 1975 Act creates a limited exception: if you are a child of the deceased (including adult children), you can apply to court for financial provision if the will or intestacy rules do not make reasonable financial provision for your maintenance.

The court considers many factors — such as your age, financial resources and needs, the size of the estate, any obligations or responsibilities the deceased had towards you, and any physical or mental disability you may have.

Crucially, you must act quickly: an application under the Act must be made within six months of the grant of representation (e.g., probate) being issued.

Statutory Text

A child of the deceased

— Inheritance (Provision for Family and Dependants) Act 1975, s. 1 — Persons who may apply for provision

What to Do

Sources