Leading inheritance dispute lawyer, Naomi Ireson, takes a look at the Inheritance (Provision for Family and Dependants) Act 1975, and explains who can make an Inheritance Act claim.
The Inheritance Act allows people to make a claim for financial provision from a deceased’s estate. However, to be eligible to make an Inheritance Act claim the claimant must satisfy the provisions on the Act.
The Act identifies the classes of individuals who are permitted to make a claim on the estate of a person who dies domiciled in England and Wales as follows:
- the spouse or civil partner of the deceased;
- a former spouse or former civil partner of the deceased, but not one who has formed a subsequent marriage or civil partnership;
- any person who for two years (ending immediately before the date when the deceased died) was living in the same household as the deceased as if that person and the deceased were a married couple or civil partners;
- a child of the deceased;
- any person who was treated by the deceased as a child of the family;
- any person who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased.
If you fall within any of these classes then you may make a claim on the ground that the disposition of the deceased’s estate effected by their Will (or the intestacy rules), fails to make reasonable financial provision for you.
The Inheritance Act defines “reasonable financial provision” for a spouse or civil partner as:
“… such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife or civil partner to receive, whether or not that provision is required for his or her maintenance.”
The definition of “reasonable financial provision” for other applicants is defined as:
“… such financial provision as it would be reasonable in all the circumstances of the case for the applicant to receive for his maintenance.”
If you wish to make a claim on the basis that you were being maintained by the deceased, it is necessary to show that the deceased was making a substantial contribution in money or money’s worth towards your reasonable needs, other than a contribution made under an arrangement of a commercial nature.
If you would like further guidance on who can make an Inheritance Act claim, and details of No Win, No Fee funding, then please contact our free inheritance disputes helpline.