Ask the Lawyer: My mum cut me out of her will because I’m gay – what can I do?

Oct 27 2016
Written by Advertising Feature

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PinkNews brings you the third in a series of features which sees your real questions answered by leading lawyers at Simpson Millar.

The question comes from a lesbian who says her mother cut her out of her will after she found out she is gay.

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She asks: “When I came out as a lesbian, my mum found it hard to deal with – so much so, I’ve recently discovered that she has written me out of her will, but kept my 2 siblings in there.

“Is there anything I can do?”

A Simpson Millar lawyer answers, saying: “Yes there is, but not at this point in time. Your mum is free to make her will and deal with her property as she wishes and there is every possibility that she could change the will if you both reconcile.

“At this stage, you shouldn’t raise the matter or be seen as trying to influence her decision to alter her will.

“There is, however, a potential claim that can be made after she passes away if she doesn’t change her will and you are excluded from it. The Inheritance (Provision for Family and Dependants) Act 1975 allows adult children to make a claim if a will fails to make reasonable financial provision for them. However, there are a number of factors the court will take into account when assessing whether provision should be made for you.

“Each case is unique and will need careful consideration to establish whether there are grounds to make a claim. You cannot, however, make any claim at this point in time and should try to keep in contact with your mother and hope that you and she can work things out.

“If you want to make a claim in the future, Simpson Millar will be able to guide you through the process. To speak to one of our solicitors about how they can help you, get in touch with us by calling 0800 260 5005 or click here to request a call-back.”

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Unfortunately, we will not be able to answer all questions that are sent in and Simpson Millar is only able to give advice that relates to the law in England and Wales.