Inheritance Act claims
When a loved one passes away, their will or intestacy may not always provide fair financial support for those left behind. The Inheritance (Provision for Family & Dependants) Act 1975 allows certain individuals to challenge an estate if they have not received reasonable financial provision. Get clear information on Inheritance Act claims, including eligibility, deadlines, and legal processes, with expert guidance.
What is a claim under the Inheritance Act?
The Inheritance (Provision for Family & Dependants) Act 1975, commonly known as the Inheritance Act or 1975 Act, allows certain individuals to challenge an estate if they have not received reasonable financial provision under a will or intestacy.
Who can make a claim?
The following individuals may be eligible to bring a claim:
- A spouse or civil partner of the deceased
- A former spouse or civil partner (who has not remarried or entered into a new civil partnership)
- A child of the deceased
- A stepchild or someone treated as a child of the family
- A cohabiting partner who lived with the deceased for at least two years before death
- Any person who was financially dependent on the deceased immediately before death
Does it matter where the deceased lived?
Yes, the deceased must have been domiciled in England or Wales at the time of death. Claims cannot be made if the deceased lived in Scotland, Northern Ireland, the Republic of Ireland, the Isle of Man, or the Channel Islands. However, the applicant can live anywhere in the world.
Is there a time limit for bringing a claim?
Yes. A claim must be filed within six months of the date of the Grant of Probate. If you believe you have a claim, it is crucial to seek legal advice immediately.
What if the deadline has passed?
It may still be possible to bring a claim, but court permission will be required to apply after the deadline.
What is ‘reasonable financial provision’?
For most applicants, reasonable financial provision means sufficient support for maintenance. However, for spouses and civil partners, financial provision may be greater and not restricted to maintenance needs.
How does the court decide?
The court considers multiple factors, known as the ‘section 3 factors’, including:
- The financial needs and resources of the applicant and other claimants
- The needs and resources of any beneficiaries
- The obligations and responsibilities the deceased had towards the applicant or beneficiaries
- The size and nature of the estate
- Any physical or mental disabilities of applicants or beneficiaries
- Any other relevant conduct
For spouses and civil partners, additional factors such as the duration of the marriage/civil partnership and contributions to the family are also considered.
Can an adult child make a claim?
Yes, adult children can bring a claim, though their cases may be more challenging compared to minor children.
What should I do if I think I have a claim?
Act quickly. Seek expert legal advice as soon as possible to understand your rights and options.
Will I have to go to court?
Not necessarily. Many claims can be resolved through negotiation or mediation, avoiding the need for court proceedings.
How we can help
At Clarke & Wright, we specialise in Inheritance Act claims and can guide you through the process with clarity and expertise. Our expert team will help you make informed decisions, customised to your unique situation. Get in touch to learn more about this service.