We are often asked, ‘How successful are Inheritance Act claims?’
When people mention the Inheritance Act they are actually referring to the Inheritance (Provision for Family and Dependants Act) 1975. It’s rather a mouthful, so we tend to use ‘Inheritance Act’ instead.
The Inheritance Act is a piece of legislation that is applicable in England and Wales, but not Scotland or Northern Ireland. It allows specified classes of people to contest the terms of a Will (or the intestacy rules) if reasonable financial provision has not been made for them.
How successful are Inheritance Act claims?
Our team of inheritance dispute lawyers are proud of their track record in resolving Inheritance Act claims. Every claim is individually assessed on its own merits on a case-by-case basis, and we have set out below the factors that the court will take into account when considering a claim. Where an applicant can show that insufficient financial provision has been made for them and there are assets in the estate that could be utilised for that purpose, then a strong case can usually be made out.
It costs nothing to enquire about making a claim, so if you think you have a case that might be successful then contact our free helpline for a review.
Who can make a claim?
Only those classes of people specified in the Act can make a claim These include:
- spouses or civil partners;
- someone living with the deceased for at least two years prior to their death as their spouse or civil partner;
- a former spouse or former civil partner (but not one who has formed a subsequent marriage or civil partnership);
- a child;
- a ‘child of the family’ who was treated as a child of the deceased; and
- someone who was being maintained by the deceased.
How much can be claimed under the Inheritance Act?
Courts have wide powers to make whatever provision they think is appropriate. The amount therefore varies from case to case depending upon the amount of money in the estate, and the financial situation of the claimant and beneficiaries.
What the court takes into account
The court will consider the following factors:
- the financial needs and resources of the applicant, and any beneficiaries;
- obligations and responsibilities which the deceased had towards the applicant, or any beneficiaries;
- the size and nature of the net estate;
- any physical or mental disability of the applicant or any beneficiaries; and
- anyr, including the conduct of the applicant or any other person, which the court may consider relevant.
Time limits for making an Inheritance Act claim
Applications under the Inheritance Act should be made within six months of the date on which a Grant of Representation is taken out. Late applications will require the permission of the court.
What does it cost to make an Inheritance Act claim?
Because inheritance disputes can involve substantial legal costs we offer a range of funding options, including No Win, No Fee and ‘Pay at the End’.
How we can help with your Inheritance Act claim
If you found this article helpful and you are looking for experienced solicitors to assist you with your inheritance dispute case then contact us for a free assessment of your case.