Inheritance Act Claims
Updated: Jan 7
What is a claim under the Inheritance Act?
A person is entitled to leave their estate to whoever they choose. However, there are some people who may reasonably expect to have a share of it.
The Inheritance (Provision for Family and Dependants) Act 1975 (‘the Inheritance Act’) allows certain people to claim financial provision from an estate. It is a legal act of Parliament that allows certain people to make a claim from a deceased person’s estate.
A surviving spouse or civil partner is entitled to such financial provision as is reasonable in all the circumstances, whether or not it is required for their maintenance. This often means that a spouse or civil partner may be entitled to enjoy the same standard of life which they had before their partner’s death.
Anyone else claiming under the Inheritance Act may be entitled to reasonable financial provision necessary for their maintenance and normal standard of life, as long as the estate can provide it.
The following categories of a person can make a claim if they were:
· the spouse or civil partner of the deceased.
· in a relationship with the deceased for at least two years before their death.
· the deceased’s child (this includes an adult child)
· treated as the deceased’s child (if you were adopted for example)
· the former spouse or civil partner of the deceased who has not remarried or formed a new civil partnership.
· being maintained financially in any way by the deceased.
Is there a time limit for bringing an inheritance act claim?
Yes. It is important to act quickly if you think you may have an inheritance act claim as court proceedings must be issued within six months of the date of the Grant of Probate.
What if this deadline has passed?
Should your deadline to bring a claim pass, you may still be able to claim, however, you will require the court's permission to apply out of the allocated time.
Does it matter where the deceased lived?
The deceased must have been domiciled in England and Wales at the date of death...
The claim itself
These claims are particularly complex as there is no formula for the provision to which a person may be entitled. It will require a detailed presentation of the evidence. There is likely to be a significant objection from those who have inherited, after all, if they agreed you should be provided for there would not be a disputed court claim.
Why Choose Rose & Rose?
Our team of expert inheritance claim solicitors can help no matter the stage of your inheritance journey. Whether you are making a claim under the Inheritance Act or defending one, we will ensure the process is as quick and cost-effective as possible. Our team of solicitors understand the complexity of inheritance claims and will guide you every step of the way.
Our lawyers are expert negotiators and will always try to settle claims to avoid court, however, should the need arise we have many years of experience in taking claims through the court process and will provide you with the support you need. Please contact us on 0208 974 7490 or firstname.lastname@example.org to arrange an initial consultation to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.
Our experienced and understanding team is here to help you. We will work with you to ensure the best possible outcome.