Can a mistress claim inheritance in the UK?
While a mistress does not automatically have a legal right to claim an inheritance under the law in England and Wales (unless they have been specifically provided for in the deceased’s will), they may have the right to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This Act allows eligible individuals, including a mistress, to apply to court for reasonable financial provision from a deceased person’s estate.
In order to make an inheritance claim the mistress will need to prove that she was financially dependent on the deceased.
If they had been living together as man and wife then that too would offer grounds for making an inheritance claim.
When considering an inheritance claim by a mistress, the court will consider various factors, including the duration of the relationship, the level of financial dependence, the size of the estate, and the needs of any other beneficiaries, including the deceased’s wife — if he was married.
If the deceased was married, then his legal spouse will typically have stronger inheritance rights, though each case will be judged on its own merits, having regard to the factors mentioned above.
It is important to bear in mind that there are strict time limits for making an Inheritance Act claim, so if you are planning to make a claim then you should not delay in seeking specialist advice from one of our team.
We are often asked whether making an Inheritance Act claim will require the claimant to attend court. While a contested trial is always a possibility, most cases are resolved out-of-court. Many claims are settled through mediation, and our team is particularly proud of its track record of success using the mediation process.
We offer a free consultation service and, unlike many firms of solicitors, we routinely deal with inheritance claims on a No Win, No Fee basis.