We have a large team of lawyers who specialise exclusively in dealing with Inheritance Act claims. To find out if you can make an Inheritance Act Claim, or if you are eligible for no win, now fee, arrange a Free Consultation, contact our free legal helpline on 0333 888 0407 or email info@inheritancedisputes.co.uk
What is an Inheritance Act claim?
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. Find out more about what an Inheritance Act Claim is.
1. Who is entitled to make an Inheritance Act claim?
The Inheritance Act is there to help spouses, children (including adult 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. Find out more about who can claim under the Inheritance Act.
2. 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.
3. 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 defending an Inheritance Act claim that has been 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. Read this article for more information about how to make an inheritance claim.
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.
4. Our track record of making successful Inheritance Act claims
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.
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.
5. Funding an Inheritance Act case
We have a range of funding options available, including no win, no fee.
6. 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.
7. Avoiding delays
If you are considering a claim, it is essential that you get expert advice at the earliest opportunity. Inheritance Act 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.
8. The importance of choosing specialist solicitors
It is important to choose solicitors who specialise in this complex area of law. Our contentious probate solicitors work exclusively in this field and are vastly experienced in all aspects.
Our expertise has been recognised by our inclusion in the Legal 500. Our SRA regulated solicitors also have a five-star rating on ReviewSolicitors, and team leader Naomi Irseon is a member of ACTAPS, the Association of Contentious Trusts and Probate Specialists.
Frequently asked questions about Inheritance Act claims
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.
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. Find out more about Inheritance Act Claim time limits.
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.
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. Read this case study of a successful Inheritance Act claim made by a dependent partner to find out more.
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.
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.
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.
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.
Can a someone make an inheritance claim if they are not named in a will?
Yes. Someone who was not included in the will is entitled to make a claim. The success of a dependant’s Inheritance Act claim depends on factors such as the claimant’s relationship to the deceased, their financial needs, and whether reasonable financial provision was made for them. Claims by spouses, partners, children, and dependants are often successful where there is clear financial need or unfair exclusion. Many cases settle before trial, with the court considering the claimant’s circumstances, the size of the estate, and the needs of other beneficiaries.
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.
How successful are Inheritance Act claims?
The success of an Inheritance Act claim depends on factors such as the claimant’s relationship to the deceased, their financial needs, and whether reasonable financial provision was made for them. Inheritance Act Claims by spouses, partners, children, and dependents are often successful where there is clear financial need or unfair exclusion. Many cases settle before trial, with the court considering the claimant’s circumstances, the size of the estate, and the needs of other beneficiaries. Find out more about the success rate of Inheritance Act claims.
How much can you get from an Inheritance Act claim?
The amount you can receive from an Inheritance Act claim depends on several factors, including your financial needs, the size of the estate, your relationship with the deceased, and the needs of other beneficiaries. Spouses and civil partners may receive larger awards, while claims by children or dependants are assessed on what is considered reasonable financial provision. Every case is different, and settlements can vary significantly depending on the circumstances. Find out more by reading our article How much you can get from an inheritance claim?