“I have been left out of my brother’s will. What can I do about it?”

Feeling aggrieved at having been overlooked or deliberately excluded from a will can be upsetting. In many cases, there is no way of establishing the reason and so the lack of clarity continues for years to come.

However believing you are entitled to inherit doesn’t mean you have a legal right to do so.

When a person makes a will, they have a great deal of freedom to decide what should happen to the things they own. It’s true that assets are usually left to family members and close friends, but there is nothing to say that siblings will always benefit. Fallings out, or the prioritisation of other beneficiaries, can mean brothers and sisters are not in line to inherit. That can feel unfair, wrong. And, in some specific situations, the law may offer a solution – but it means making a legal challenge.

Reasonable financial provision

You would need to show that your brother was supporting you financially immediately before he died. If he was, get in touch with our team. We may be able to help you bring a claim. The time limits are short and strict, however, so don’t delay.

Will is invalid

There may be an argument that the will doesn’t meet the formalities required of a valid will – for example, it wasn’t properly witnessed.

There are some other limited grounds on which a will can be challenged. These include: the person lacked mental capacity to understand the will and its effects; they were unduly influenced into making the will; the will was forged.

Having a legal basis on which to take some action is one thing (and we’d be able to advise you on that). But taking that step is another. It’s important to consider the potential ramifications of fighting your corner perhaps to the detriment of family relationships. Would others support you, or would you be risking a rift? Would the possible gains be worth it?

Our team is here to advise on the best steps to take. Contact us on info@bsandi.co.uk or call us on 01264 353411.