Our popular inheritance dispute helpline often receives enquiries from people asking, ‘Do I have a right to inherit from my grandparents?’
There are several aspects to this question that need to be considered.
1. Did your grandparent die without a will?
If someone passes away without having made a will then their money and property will be distributed in accordance with what are known as the intestacy rules.
Under the intestacy rules, where a last surviving grandparent has a child who has predeceased them, then that deceased child’s share of the estate will pass to their own children (ie the grandparent’s grandchildren) in equal shares.
2. Did your grandparent die having made a will?
If your grandparent has died leaving a will then you may inherit in two ways:
First, if you are named in the will, you will be entitled to inherit the gift that has been left to you under the terms of that will.
Second, if the will contained a gift to your parent who has predeceased your grandparent, then you will be entitled to receive their share (split equally with any siblings) provided that the will itself does not specify that you are not entitled to inherit in these circumstances.
3. Making a claim under the Inheritance Act
If you were financially dependent upon your grandparent, or you were treated by your grandparent as a ‘child of the family’, then you may be entitled to bring an Inheritance Act claim for reasonable financial provision from the estate.
The term ‘child of the family’ refers to someone who was effectively treated by the deceased as their own child within the family unit. This can include grandchildren, along with stepchildren and foster children.
So, if you have been raised by your grandparents rather than your biological parents, then you could make a claim if you have not received reasonable financial provision.
For further guidance on, ‘Do I have a right to inherit from my grandparents?’ and details of no win, no fee funding, contact our free legal helpline on 0333 888 0407 or email us at [email protected].