Inheritance Act Claims

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:

1. the spouse or civil partner of the deceased;
2. the former spouse or civil partner of the deceased (provided they have not remarried/ formed a subsequent civil partnership);
3. children of the deceased;
4. a person who lived with the deceased for two years before their death as if they were a spouse or civil partner;
5. a person who was treated as a child of the family by the deceased;
6. any person who was financially maintained, in whole or in part, by the deceased before their death.

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:

• the applicant’s current and future financial resources and needs.
• the financial resources and needs of any other applicant.
• the financial resources and needs of other beneficiaries.
• the obligations and responsibilities that the deceased had towards the applicant or beneficiary
• the size and nature

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.