Inheritance Dispute Claims

Inheritance Dispute Claims

Inheritance disputes can be emotionally and legally complex. When a loved one passes away, the distribution of their estate may not always reflect the expectations or needs of the surviving family members. The Inheritance (Provision for Family and Dependants) Act 1975, commonly known as the Inheritance Act, provides a legal remedy for those who believe they have been unfairly left out of a Will or have not received reasonable financial provision.

Understanding the Inheritance Act

The Inheritance Act allows certain individuals to make a claim against a deceased person’s estate if they believe the Will (or the rules of intestacy, if there is no Will) does not make adequate provision for them. The Inheritance Act aims to balance the testator’s (the person who made the Will) freedom to distribute their estate as they see fit with the need to provide for those who were financially dependent on them.

Who Can Make a Claim?

The Inheritance Act specifies who is eligible to make a claim, including:

• A spouse or civil partner. This includes current and former spouses or civil partners (provided they have not remarried or entered into a new civil partnership).
• Children (both minor or adults), including biological children, adopted children, and step-children of the deceased.
• Individuals who cohabited with the deceased for at least two years prior to their death.
• Any person who, immediately before the death of the deceased, was being maintained either wholly or partly by the deceased.

Grounds for a Claim

To succeed in an Inheritance Act claim, the Claimant must demonstrate that the Will or intestacy rules did not make “reasonable financial provision” for them. The court considers several factors, which are found under Section 3 of the Inheritance Act when determining what constitutes reasonable provision, including:

• the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future
• the financial resources and financial needs which any other applicant has or is likely to have in the foreseeable future
• the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
• any obligations and responsibilities which the deceased had towards any applicant towards any beneficiary of the estate of the deceased
• the size and nature of the net estate of the deceased
• any physical or mental disability of any applicant or any beneficiary of the estate of the deceased
• any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant

Limitation

Inheritance Act claims must be made within six months of the grant of probate or letters of administration. However, in certain circumstances, the court may allow claims to be made after this period if there is a good reason for the delay.

Contact us

If you need support with a claim under the Inheritance Act, please contact Katie McClean in our Dispute Resolution team, via e. KatieMcClean@rixandkay.co.uk or t. 01273 766 929.