Could you challenge a Will if you have been left out?

The High Court decision in McDaniel v Talbot & Anor [2026] EWHC 928 (Ch), handed down on 17 April 2026, shows that being left out of a Will does not always mean you have no claim.

In the case, Emma McDaniel brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after her father died leaving his estate to his widow under a 2014 Will which specifically excluded her. The Will said: “I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them.”

Although father and daughter had been estranged for many years, they reconnected in 2019 and developed a close relationship before his death. The court took into account Emma’s financial difficulties, her caring responsibilities, and the changed family circumstances.  The court held that the Will failed to make reasonable financial provision for Emma’s maintenance and made an award for her over £123,000 from the estate.  The claimant was held by the Court to have an income that was just at a subsistence level so that justified her financial need but was not (of itself) the triggering threshold for a payment from the Deceased’s estate. There had to be something else, ie special circumstances rather than mere financial vulnerability.

 

You may have a claim if  you are a child of the person who died, or someone they were supporting financially and:

• You were left out of a Will, or received far less than expected
• You are struggling financially or have significant caring responsibilities
• The relationship had changed since the Will was written
• The Will no longer reflects what was really happening at the time of death

Every case depends on its own facts, but this decision shows that courts do not just look at the wording of a Will. They also consider needs, family circumstances, and whether there is a fair basis for making provision.

If you believe you have been unfairly left out of a Will, it is important to get advice promptly, as strict time limits can apply to inheritance claims. A clear review of your circumstances can help you understand whether you may be able to bring a claim.  We can provide this so please contact us – [email protected]