Inheritance Act Claims

Who Can Claim and When?

Inheritance Act Claims offer a powerful remedy if you believe you’ve been unfairly treated in a will.  Acting quickly and getting the right legal help may significantly improve your chances of a successful outcome.

There are strict time limits involved in bringing such a claim. However, this is a legal route which provides certain individuals with the opportunity to contest a will and seek reasonable financial provision from a deceased person’s estate.

It can also be an emotional and stressful period in your life. At First Personal Injury, we partner with a panel contentious probate lawyers who are highly experienced in bringing Inheritance Act Claims.

Contact us today for a free, no-obligation consultation to find out more about an Inheritance Act Claim

What Is an Inheritance Act Claim?

An Inheritance Act claim allows specific people to challenge a will or estate distribution if they believe they have not been left adequate financial provision by someone who has passed away. This claim is made under the Inheritance (Provision for Family and Dependants) Act 1975.

The law recognises that there are situations where a will, or where no will exists (intestacy), fails to make fair financial provision for individuals who were financially dependent on the deceased or had a close relationship.

Who Can Bring an Inheritance Act Claim?

Only certain categories of individuals are eligible to make a claim under the Inheritance Act. These include:

Spouse or Civil Partner

A surviving husband, wife, or civil partner of the deceased can bring a claim, even if they were separated but not legally divorced at the time of death. They may be entitled to a standard of living similar to what they enjoyed during the relationship.

Former Spouse or Civil Partner

A divorced spouse or ex-civil partner can also claim, provided they haven’t remarried or are in another civil partnership. The Court will assess post-divorce financial settlements.

Cohabitant (Living as Husband or Wife)

If you were living with the deceased for at least two years immediately before their death, you can apply. This is often referred to as a common-law partner inheritance claim. Evidence of a stable, marriage-like relationship is usually required.

Child of the Deceased

A biological or adopted child of the deceased can bring an Inheritance Act claim if they have not received reasonable provision.

Person Treated as a Child (Stepchild)

A person who was treated by the deceased as a child of the family, such as a stepchild, can also make a claim.

Any Other Person Being Maintained by the Deceased

This includes anyone the deceased was financially supporting before their death, even if not a family member. For example, a friend or carer who received regular financial assistance.

When Can an Inheritance Act Claim Be Made?

Time Limit: 6 Months from Grant of Probate

You must bring an Inheritance Act claim within six months from the date of the grant of probate (or letters of administration if there is no will). This is a strict deadline, although the court can allow late claims in exceptional circumstances.

This means it is crucial to act quickly. Once probate is granted, assets can start being distributed. Delays may reduce the chances of a successful claim or leave insufficient estate assets to satisfy your entitlement.

What Does “Reasonable Financial Provision” Mean?

The court assesses what constitutes reasonable financial provision on a case-by-case basis. Factors considered may include:

• The size and nature of the estate
• The financial needs and resources of the applicant
• The financial needs and obligations of other beneficiaries
• The applicant’s relationship with the deceased
• Any disabilities or special needs
• Any other relevant circumstances

For spouses or civil partners, the standard is what is reasonable in all circumstances, not just basic maintenance. For others, such as children or cohabitants, the court generally considers what is necessary for their maintenance.

How Are Inheritance Act Claims Resolved?

Most Inheritance Act claims are settled out of court through negotiation or mediation. If no agreement is reached, the case proceeds to court, where a judge will determine whether provision should be made and how much.

The estate may have to reallocate assets or make cash payments to satisfy the claim. In some cases, the costs of the claim are paid from the estate, particularly if the claim has merit.

Contact Us Today

As Inheritance Act Claims may be complex, our expert panel firms can guide you through the process.

Call us at 0333 358 2345 or contact us online for a free consultation.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.