No Results Found.
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
It is not uncommon for someone to feel dissatisfied with the provisions made for them after the death of a loved one, or that, in cases where there is no Will, the intestacy rules do not adequately support them.
In such circumstances, if they act quickly, they may be able to claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Inheritance Act”).
Under the Inheritance Act, certain categories of people can seek reasonable financial provision from the estate of the deceased when a Will (or the intestacy rules, if no Will exists) does not provide for them adequately.
The claim can be initiated before or after a grant, but it must be made within six months of the date of the grant of Probate.
Who can claim under the Inheritance Act?
Those who are entitled to make a claim under the Inheritance Act include:
What is Reasonable Financial Provision
Under the Inheritance Act reasonable financial provision is set at what it would be reasonable in all the circumstances of the case for the applicant to receive for their maintenance.
In the case of spouses and civil partners the standard is set higher and the Court can take account of what they might have got had the relationship ended in divorce rather than death.
What will the Court take into account
In deciding whether a claim is successful, the Court will consider several factors such as:
What the Court can Order
If the Court considers that reasonable financial provision has not been made, it can issue a variety of orders. This may include a lump sum award to the applicant, or the Court may also grant regular maintenance payments or direct that property is held in trust.
How can we help
Starting a claim under the Inheritance Act should not be undertaken lightly as this is not a straightforward area and there are limitations as to what the Court can award.
If you believe that you are entitled under the Inheritance Act to bring a claim (or if you are defending one) we can offer you specialist advice on your prospects and we will robustly support you throughout whether this be in Court, mediation or during similar settlement discussions.
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.