Making an Inheritance Act claim
For expert guidance on making an Inheritance Act claim contact our free legal helpline on 0333 888 0407 or send an email to us at [email protected]
Generally speaking, everyone is free to dispose of their assets as they wish. This means we have freedom to choose who we want to benefit from our estate when we pass away. However, the law does provide protection for certain classes of people who should be entitled to receive financial provision from a deceased’s estate. This protection comes in the shape of the Inheritance (Provision for Family and Dependants) Act 1975. Inheritance Act claims are made against the estate of the person who has died and if successful it overrides the terms of their will or the intestacy rules.
Who is entitled to make an Inheritance Act claim?
The Inheritance Act is there to help spouses, children, civil partners, cohabitees and other dependants who have not been adequately provided for. If a will (or the intestacy rules) fails to make ‘reasonable financial provision’ and you fall into one of the categories, then you may be able to make an Inheritance Act claim.
What does the court take into account in Inheritance Act claims?
When dealing with an Inheritance Act claim, the court will take into account the applicant’s financial needs, alongside factors such as:
- The age of the person making the claim;
- The duration of any marriage or relationship;
- The health of the applicant; and
- The size of the estate.
How we can help you bring or defend an Inheritance Act claim
We advise those wishing to make a claim as well as beneficiaries and estates who are facing an Inheritance Act claim being brought against them.
Inheritance Act claims can be very complex and give rise to a number of complicated legal issues. It is therefore important to seek legal advice from specialist solicitors with an established track record of success.
Our track record of success
Our lawyers have extensive practical knowledge and experience in the specialist field of Inheritance claims, and enjoy an enviable track record of success.
We have published many real-life success stories on this website which showcase the breadth of our experience in this niche area of law and the fantastic outcomes we have managed to achieve on behalf of our clients. Here is just a brief sample:
Some frequently asked questions about Inheritance Act claims
To give you an idea of the type of issues that can arise when making an Inheritance Act claim, here are links to just a few of the articles we have written on inheritance claims, giving more detailed information:
Funding an Inheritance Act case
We have a range of funding options available, including no win, no fee.
Out of court settlements
Inheritance Act claims can often be settled out of court and we have had particular success in resolving disputes through mediation. Mediation offer a relatively fast and cost effective solution to these disputes and we will be happy to discuss whether it is likely to help in your case.
The importance of avoiding delay
If you are considering a claim, it is essential that you get advice at the earliest opportunity. Remember, claims must be brought within six months of the grant of representation (probate). If you have already left it too long we may still be able to help, as long as you act quickly. You can read more about time limits in inheritance disputes here.