What are my rights? I have been removed from a Will
How do I contest, dispute, and challenge a will and estate that I was left out of? For instance, my father left his money to his unmarried partner and left me out of his will, or my mother left more money to my sister than to me.
The court will provide you with a grant of probate if the executor appeals in the following four scenarios:
There are four ways to contest a will of a deceased. In the legal advice from our solicitor, these are the following ways you can claim back your inheritance:
Can I Challenge a Will in Scotland?
Yes, but only on specific legal grounds. A Will is presumed valid unless proven otherwise. To challenge it successfully, you must show legal cause such as fraud, lack of capacity, or undue influence. Contact us to learn more.
Fraud or forgery
The first is to show that the person who wrote the will did not, in fact, sign it (there was forgery) or that the individual was duped into signing the will through some type of fraud. In this case, the next of kin may contest the will as soon as possible.
A lack of ability
The second is to demonstrate that the testator or beneficiary lacked the mental capacity to comprehend what they were doing when they wrote the will. In this case, you can seek legal advice from our solicitor and may still inherit the will you were unreasonably left out of.
Weakness combined with influence
The third is to demonstrate that the person who wrote the will was somehow mentally or physically weak, and that person’s incapacity was exploited by someone who persuaded them to distribute their certificate and will in that manner.
Trust combined with influence
The fourth step is to demonstrate that someone who had a position of trust utilised it to sway the will writer’s actions.
These are the four procedures where you may be able to contest, dispute, and challenge a will if you have been left out.
What occurs if I invalidate a will?
You ought to consider what would occur if you successfully contested the will. If there is no will, the estate may be distributed according to the dictates of the law. The decision might not be in your favour, and it might even distribute assets to family you’d rather not see gain from them.
What claims do spouses and children have in relation to a will?
No matter what the will states, you might be entitled to their assets if the deceased was your husband, civil partner, or parent. You ought to consider that as a possibility to distribute the estate and speak to your power of attorney to know the details. This only pertains to Scotland and not England or Wales, so please be aware of that.
What Rights Do Spouses, Civil Partners and Children Have?
Under Scottish law, certain relatives cannot be completely disinherited.
These are known as Legal Rights and apply even if the Will says otherwise.
Spouse or Civil Partner: Entitled to a share of the moveable estate (money, investments, personal possessions).
Children: Also entitled to a share of the movable estate, which must be divided equally among them.
Both spouse and children: The estate is split between them according to fixed proportions.
Legal rights apply only in Scotland and only to moveable property, not land or buildings.
How Long Do I Have to Challenge a Will in Scotland?
You should act as soon as possible. While there’s no single fixed time limit for challenging validity, claims for legal rights or estate disputes must usually be raised within five years of the death.
You can consult our team of expert solicitors now to avoid missing deadlines.
What Evidence Do I Need to Contest a Will?
To strengthen your case, gather:
A copy of the Will and any earlier versions.
Medical records from the time the Will was made.
Witness statements from those present at signing.
Financial documents or communications showing pressure or manipulation.
Your solicitor will assess whether the evidence supports a valid challenge.
Know your legal rights
In both our conflict resolution and personal and family teams at Clarity Simplicity, we have top-rated solicitors who have expertise counselling clients on these issues. If you believe we can be of assistance to you, kindly contact us by leaving your email address or ringing us!
