Inheritance Act claims
Our expert Will, Trust and Estate Disputes team is highly experienced and has successfully represented numerous clients in Inheritance Act claims. Our specialist lawyers are on hand to guide you through your claim from start to finish, supporting you to get the right outcome for you.
Where a person has not been left reasonable provision in a will or under the Rules of Intestacy they may be able to make a claim against the estate of the deceased person under the Inheritance (Provision for Family and Dependants) Act 1975 (often known as “the Inheritance Act”).
Such claims are often seen as an “indirect” means of contesting or challenging a will which is otherwise valid.
Claims under the Inheritance Act can only be brought by the following persons:
- The spouse or civil partner of the deceased
- A former spouse or former civil partner of the deceased
- An unmarried partner of the deceased who lived with the deceased for at least two years immediately before his/her death
- A child of the deceased; and
- A person treated as a child of the family (such as a step child)
- A person who was maintained by the deceased
The courts will look at each case on its own facts and decide what constitutes reasonable financial provision and what, in anything, should be awarded in any case.
In particular the court will look at :
- The financial needs of the claimant and the beneficiaries of the estate
- The obligations or responsibilities which the deceased had towards the claimant and the beneficiaries
- The size and nature of the estate
- Any disability (physical or mental) of the applicant or beneficiary
- Any other matters which the court deems relevant
Strict time limit
Inheritance Act claims must normally be brought within six months of the issuing of the Grant of Representation (although exceptions may apply in rare circumstances) so it is important to seek urgent legal advice if you believe you have grounds to make a claim. If you are already beyond this time limit, seek advice as a matter of urgency.
Whether you are considering making an Inheritance Act claim or you are faced with a claim against the estate which you would like to defend, Ramsdens have the expertise to assist you.
