My spouse has cut me out of their Will, what can I do?
When someone makes a Will, they are entitled to leave their estate to whoever they want. This is known as ‘testamentary freedom’, and it includes a testator’s right to cut their husband or wife out of a Will should they choose to do so. However, while a testator has testamentary freedom, it is possible to challenge a Will through the Inheritance (Provision for Family and Dependants) Act 1975.
The Inheritance Act offers protection to spouses, so if your husband has cut you out of his Will, or your wife has cut you out of her’s, then you may be able to pursue a claim.
Most married couples leave their estates to each other. This usually means that the surviving spouse is not left in financial hardship when their husband or wife passes away. But there are times when a spouse is left out of the Will entirely, or, alternatively, the deceased does not leave them sufficient financial provision in their Will.
Under the Inheritance Act, a spouse who does not receive ‘adequate financial provision’ is entitled to make a claim. The Inheritance Act allows the courts to effectively rewrite the deceased’s Will, and award the spouse money and assets that had been left to other beneficiaries.
The term ‘adequate financial provision’ will depend on the specific case and vary depending the claimant’s individual circumstances. The main factors that the court will look at when considering a claim include:
- The size and nature of the estate;
- The finances of the surviving spouse; and
- The needs and finances of any other beneficiaries/claimants.
How we can help you
It is important to have your case assessed by an experienced inheritance solicitor who is able to advise you on the appropriate level of financial provision you could be entitled to claim. Our solicitors specialise in this complex area of law and can deal with these cases on a No Win, No Fee basis.
So, for further guidance on the question, ‘My spouse has cut me out of their Will, what can I do?’ contact our free legal helpline. Call 0333 888 0409 or email us at [email protected]