Have you been left out of your loved one’s will?

 Posted on July 29, 2025 in Probate Litigation

Dealing with the loss of a loved one can be difficult. And this pain can intensify when their will goes to probate, and you don't receive a notification from the executor like your other relatives. Realizing you are not a beneficiary in your loved one's will when you reasonably believed you would be included in it can be confusing.

But what can you do in such a situation?

Understand your position

Before taking any measures, you should understand your standing. You can do this by answering these questions:

• Are you an heir who would inherit if there were no will (heir-at-law)?
• Were you named in a previous will?
• Did your loved one discuss your inheritance with you? And do you remember the details of the conversation?

Doing this is essential in guiding you on the steps to take. You don't want to start a legal process only to be informed you lack grounds to take action.

Get a copy of the will

Typically, beneficiaries have the right to request a copy of the will from the executor. However, heirs-at-law can also get a copy. Thus, you can request it even when you were left out of the will. Besides, once a will is filed with the probate court, it becomes public record. You can access a copy from the court then.

When you get the will, review it to find any provided reasons for your exclusion or alarming signs that might show the will was created/updated under undue influence, lack of mental capacity or forgery/fraud.

If you believe you have been unfairly disinherited, legal guidance can help you know what to look for to protect your rights.