Inheritance claim FAQs
If your question is not answered in these inheritance claim FAQs, then contact our free legal helpline and speak to a specialist lawyer.
FAQ: WHAT IS THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975?
A: Most inheritance claims are brought under the Inheritance (Provision for Family and Dependants) Act 1975, often referred to as the Inheritance Act, or simply the 1975 Act.
Inheritance Act claims can be brought in cases where a valid Will has been made, or where no Will exists and the intestacy rules apply.
The Inheritance Act empowers the courts to redistribute the deceased’s estate where the Will, or intestacy rules, fail to make “reasonable financial provision” for the applicant.
FAQ: ARE THERE ANY IMPORTANT TIME LIMITS WHEN MAKING AN INHERITANCE ACT CLAIM?
A: Time limits are crucial in legal cases generally, and Inheritance Act disputes are no exception. There is a six-month time limit that runs from the date of probate in Inheritance Act claims. For this reason, it is dangerous to delay making a claim, and we would recommend that you speak to one of our specialist solicitors without delay.
Further details about time limits governing Inheritance Act claims are contained in this article.
FAQ: WHAT IS A LARKE v NUGUS STATEMENT?
A: A Larke -v- Nugus statement is a statement that is provided by a solicitor or Will writer giving background information on the circumstances of the making of a Will. Read our article article on Larke -v- Nugus statements for further details.
FAQ: WHO CAN BRING A CLAIM UNDER THE INHERITANCE ACT?
A: The Inheritance Act allows surviving wives, husbands, cohabitees, children (including children of the family), civil partners, or anyone being maintained by the deceased to bring a claim.
In the last few years, we have seen a substantial increase in Inheritance Act claims being made. This seems to be due to three main factors:-
1. The increase in property prices, which has resulted in the value of estates soaring.
2. The prevalence of second or third families, which leads to an increased scope for inheritance disputes arising.
3. The public’s increased awareness of their legal position concerning inheritance claims.
FAQ: WHAT IS “REASONABLE FINANCIAL PROVISION” IN THE CONTEXT OF THE INHERITANCE ACT?
A: People often ask us about “Reasonable Financial Provision”. This is the legal term used in the 1975 Inheritance Act, and its definition varies from claim to claim. The big difference is between inheritance claims brought by surviving spouses and inheritance claims brought by other categories of claimant.
If the Inheritance Act claim is being brought by a spouse of the deceased, then “Reasonable Financial Provision” will be such financial provision as would be reasonable for a husband or wife to receive, whether that provision is required for their maintenance.
For all other people making an Inheritance Act claim, “Reasonable Financial Provision” means such financial provision as would be reasonable for their maintenance.
FAQ: DO I NEED A SOLICITOR TO MAKE AN INHERITANCE ACT CLAIM?
A: If a claim arises under the Inheritance Act, it is usual for the beneficiaries, the executors, and the person bringing the claim to all be separately represented by their own solicitor.
Solicitors have to be careful not to allow situations to develop where a conflict of interest arises. Executors must take a neutral approach to inheritance claims and if solicitors are already involved in winding up the estate, then the beneficiaries really need to appoint separate lawyers.
You can bring an inheritance claim yourself, without a solicitor. However, inheritance law can be complex, so professional help is advisable. If funding legal costs is a problem for you, then ask us about the availability of no win, no fee – see below.
FAQ: WHO PAYS THE LEGAL COSTS OF AN INHERITANCE CLAIM?
A: It is important for anyone bringing or defending an inheritance claim to consider how much it will cost and how those costs will be paid.
The costs of an Inheritance Act claim will generally be paid either by the estate or by the party that loses. If an agreement cannot be reached about payment of legal costs, then the court will decide.
We are often able to work on a no win, no fee basis – see FAQ below. When we deal with an inheritance dispute on a no win, no fee basis, then you do not have to pay our legal costs if you lose.
FAQ: CAN AN INHERITANCE DISPUTE BE FUNDED ON A NO WIN NO FEE BASIS?
A: Yes. Some inheritance disputes, including contested wills and claims under the Inheritance Act, may be suitable for our no win, no fee funding scheme. Eligibility will usually depend on the strength of the legal case and the evidence available. Where a case is accepted on a no win, no fee basis, there are generally no upfront legal fees to be funded, and costs are only payable if the claim succeeds.
In some cases, initial investigations are carried out privately before funding is switched to a no win, no fee arrangement once the merits of the claim have been established.
To find out if no win, no fee funding is available for your claim, contact us for a free consultation. We will review the circumstances of your case, consider the available evidence and advise on whether no win, no fee funding is available.
For further details, see our no win, no fee funding page.
FAQ: CAN A GROWN-UP CHILD MAKE AN INHERITANCE ACT CLAIM?
A: Yes, a grown-up child can make an Inheritance Act claim against their parent’s estate. You can read about one of the many successful adult child claims we have made in this case study about an adult daughter who won her claim against her late father’s estate.
FAQ: HOW CAN I FIND OUT IF PROBATE HAS BEEN GRANTED?
A: This is another extremely common inheritance claim FAQ. It is often important to know if probate has been granted. For instance, the time limit in an Inheritance Act claim is calculated as six months from the date of probate. But how do you discover what that date is? You can find the answer by reading our guide to checking if probate has been granted.
FAQ: HOW CAN I GET A COPY OF A WILL?
A: This is another issue that frequently arises. If probate has been granted, then the will can be easily accessed as it’s a public document. But before the grant of probate is issued, it can cause difficulties. We have dealt with this question in much more detail in our article, How can I get a copy of a will?
FAQ: HOW DO I REMOVE A CAVEAT?
A: If a Will is being disputed, then the person challenging the Will may obtain a caveat. A caveat has the effect of blocking the administration of the estate. If you are dealing with an estate that is subject to a caveat, and you would like to know how a caveat can be removed, then you may find our article, ‘How to remove a caveat‘ useful.
FAQ: WHY HAS MY INHERITANCE NOT BEEN PAID?
A: There are many legitimate reasons why an inheritance may not yet have been distributed. Common causes of delay include a property that has not been sold, ongoing inheritance tax enquiries, difficulties valuing assets, complex investments, overseas assets, missing beneficiaries, or disputes relating to the estate. In many cases, the executor is simply unable to distribute funds until these issues have been resolved. Check out our article – What can I do if my inheritance has not been paid?
FAQ: WHAT HAPPENS IF A BENEFICIARY DIES BEFORE THEY HAVE RECEIVED THEIR INHERITANCE?
A: If a beneficiary dies before receiving their inheritance, the outcome will depend on whether they are legally treated as having died before or after the person who made the Will. If the beneficiary survived the deceased, even if they die before the estate is distributed, their inheritance will usually pass into their own estate and be distributed in accordance with their Will or the intestacy rules.
However, if the beneficiary is treated as having died before the deceased, their gift will normally fail and fall back into the estate. There are important exceptions, particularly where the beneficiary was a child or grandchild of the deceased, as their own descendants may inherit instead under section 33 of the Wills Act 1837. The position can also be affected by survivorship clauses in the Will, making specialist legal advice advisable where there is any uncertainty. Further information can be found on this page: What happens if a beneficiary dies before receiving their inheritance?
FURTHER INHERITANCE CLAIM GUIDANCE
We hope this brief inheritance claim FAQ has been helpful. However, if you require further guidance on making or defending an Inheritance Act claim or wish to know more about your prospects of bringing a successful claim under the Inheritance (Provision for Family and Dependants) Act 1975, then please contact us for a free consultation and an assessment of your case.