Making an Inheritance Act claim
We have a large team of lawyers who specialise exclusively in dealing with Inheritance Act claims. So, for expert guidance, contact our free legal helpline on 0333 888 0407 or email info@inheritancedisputes.co.uk
Everyone in England and Wales is free to dispose of their assets as they wish. This means we have the 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 person’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) cannot 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 consider 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 several complicated legal issues. It is therefore important to seek legal advice from specialist solicitors with an established track record of success.
Our team of SRA regulated solicitors specialises exclusively in contentious probate law and is recommended by the independent Legal 500 — the clients’ guide to the best law firms. Members of the team also belong to ACTAPS, the Association of Contentious Trusts and Probate Specialists.
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 achieved on behalf of our clients. Here is just a brief sample:
Two sisters win six-figure settlement from father’s estate.
Challenging legacies left to charity.
Daughter who was left out of mother’s Will.
Successful defence of an inheritance claim.
Widow successfully contests husband’s Will.
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:
What’s my inheritance claim worth?
Is a child entitled to inherit something from their parents’ estate?
The inheritance rights of adopted children.
Inheritance Act claim won by cohabitee.
Inheritance claims: Why you should not delay in making your claim.
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 offers 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 delays
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.
10 frequently asked questions about Inheritance Act claims
1. Who can make a claim under the Inheritance Act 1975?
Only certain categories of people can bring a claim under the Act. These include a spouse or civil partner, a former spouse or civil partner, a cohabiting partner who lived with the deceased for at least two years before death, a child of the deceased, someone treated as a child of the family, and anyone who was financially dependent on the deceased.
2. Is there a time limit for making an Inheritance Act claim?
Yes. Claims should be issued in court within six months of the Grant of Probate (or Letters of Administration). The court does have discretion to allow late claims, but this should not be relied upon, as permission is often refused. It is therefore important to take early legal advice.
3. Can an adult child claim under the Inheritance Act?
Yes. Adult children can bring claims under the Act, but they must show that the will (or intestacy rules) failed to make reasonable financial provision for them. The court will take a range of factors into consideration, such as the adult child’s financial needs and resources, the nature of their relationship with the deceased, the size of the estate, and the needs of other beneficiaries or claimants.
4. Can an unmarried partner make an inheritance claim?
Yes, if the partner lived with the deceased in the same household as if they were married (or in a civil partnership) for at least two years immediately before death. An unmarried partner may also claim if they were a financial dependent.
5. What is ‘reasonable financial provision’?
Reasonable financial provision is a term that is central to the Inheritance Act. It refers to the level of financial support the law considers fair in the circumstances. For spouses and civil partners, this may be what is reasonable, whether or not it is needed for maintenance. For most other applicants, it is limited to what is reasonable for their maintenance, taking into account factors such as their financial needs and resources, the size of the estate, and the competing needs of other beneficiaries or claimants.
6. Can I claim if I was left nothing in a will?
Being left out of a will does not prevent you from making a claim. If you fall within one of the eligible categories under the Act and reasonable financial provision has not been made for you, then you may be able to bring an Inheritance Act claim against the estate.
7. Is no win no fee available for an Inheritance Act claim?
Not all firms offer this type of funding, but we will deal with inheritance claims on a no win no fee basis where we feel that the prospects of succeeding are good.
8. Can stepchildren claim under the Inheritance Act?
Yes, in some instances. A stepchild is entitled to bring an Inheritance Act claim if they were treated as a ‘child of the family‘ by the deceased or if they were financially dependent on them.
9. Can a dependent claim inheritance if they are not named in a will?
Yes. Someone who was financially dependent on the deceased immediately before death may be able to bring a claim under the Act, even if they were not included in the will.
10. Can I make an inheritance claim if there is no will?
Yes. Claims can be made whether the deceased left a will or died intestate (without a will), provided reasonable financial provision for an eligible applicant has not been made.