Inheritance Act Claims

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

Unfortunately, as well as the emotional issues following a death, there can also be real financial hardship and practical difficulties to deal with, including the risk of losing the roof over your head.

This could be for the following reasons:

You have been excluded from a will
You are in a will but have not been left enough to meet your needs
There is no will and the Intestacy Rules do not apply to you (especially applicable to unmarried couples)
There is no will and provision under the Intestacy Rules is not enough to meet your needs

The Inheritance (Provision for Family and Dependants) Act 1975 enables certain groups of people to make a claim against an estate when they have not been left reasonable financial provision. The outcome can result in the distribution of the deceased’s estate being changed to ensure that those who should have been provided for get the financial support they need.

How Thornton Jones can help with Inheritance Act claims

If you think you may have a claim under the 1975 Act, you must take advice quickly. You only have six months from the date of a grant of probate to issue a claim at court, unless the court grants permission for a late claim.

Being left without reasonable provision or having to face someone making a claim for provision can be daunting, especially at a time when you are also facing emotional upheaval.

Our experts act for claimants and defendants in relation to 1975 Act claims. We can advise on the merits and potential value of a claim. Our involvement can take away some of the stresses of having to deal with these matters yourself and we will strive to get the best solution for you.

Talk to us about making an Inheritance Act claim

For expert advice on making a claim against an estate under the Inheritance Act, please speak to our inheritance dispute resolution lawyers in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.

How to make a claim under the Inheritance Act

Who can claim under the Inheritance Act 1975?

In order to bring a claim, you must fall into one of the following categories:

spouse or civil partner of the deceased
former spouse or civil partner of the deceased if not remarried
someone living with the deceased, as husband or wife, for at least two years before the date of death
child of the deceased (including adult children)
someone who was treated by the deceased as a child of the family
someone who was being maintained by the deceased.

You cannot claim under this act if you are a disappointed beneficiary but do not fall into one of these categories.

What is ‘reasonable financial provision’ under the Inheritance Act?

When considering what would be reasonable financial provision many factors are taken into consideration such as:

the deceased’s wishes and reasons for any will
the nature and length of the relationship with the deceased
any obligations of the deceased
the personal circumstances of the parties
the financial circumstances of the parties
the size of the estate.

Each case is different and is considered on its own merits, so how much you may be able to claim will depend on the circumstances.

How long do Inheritance Act claims take?

There is no set time limit for a claim to be resolved once it has been brought. It can take months or even years depending on the situation.

However, claims can generally be resolved much faster if you are able to agree a resolution amicably between the various parties, avoiding the need for lengthy and expensive court proceedings.

With strong expertise in alternative dispute resolution (ADR), including mediation and arbitration, we can typically resolve Inheritance Act claims out of court, saving you time and money while reducing the risk of serious damage to important family relationships.

Click here to view our Dispute Resolution Fees

Why choose Thornton Jones when making an Inheritance Act claim?

With decades of experience dealing with all types of inheritance disputes, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, we can provide clear, pragmatic and sensitive legal support to help you get the best possible outcome for your claim.

We are accredited by the Law Society’s Wills and Inheritance Quality Scheme reflecting our expertise in a wide range of inheritance law matters, including disputes over wills and estates.

Our team includes Partner Elizabeth Fyfe, who is a qualified Trusts and Estates Practitioner with STEP (the Society of Trust and Estate Practitioners). This is a highly prestigious achievement, with STEP members being recognised as world-leading experts in inheritance law.

Thornton Jones is independently regulated by the Solicitors Regulation Authority (SRA).

Contact our inheritance disputes solicitors in West Yorkshire

To arrange an initial consultation about making an Inheritance Act claim, please contact our local offices in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today.

Have a quick question or want to request a call back? Use our online enquiry form.

What is the Inheritance (Provision for Family and Dependants) Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a claim for financial provision from a deceased person’s estate, even if they were not named in the will, or if the provision made for them in the will is insufficient. The Act is designed to ensure that family members and dependants who were financially dependent on the deceased person are not left without adequate support. Individuals who may bring a claim under this Act include spouses, children, cohabiting partners, and others who were financially dependent on the deceased.

Who Can Make a Claim Under the Inheritance Act?

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain categories of individuals may be eligible to claim:

Spouses and civil partners: A surviving spouse or civil partner may claim if they believe that reasonable provision has not been made for them.

Children: Biological and adopted children of the deceased can claim if they feel they were not adequately provided for.

Cohabiting partners: If the claimant was living with the deceased as a partner for at least two years immediately before their death, they may have a claim.

Dependants: Any person who was financially dependent on the deceased, such as a person receiving financial support or living with the deceased, may also be entitled to make a claim.

Former spouses: In some cases, a former spouse or civil partner may be able to claim if they were financially dependent on the deceased at the time of their death.

Each claimant must show that the provision made for them under the will (or under intestacy laws, if there is no will) is not reasonable for their maintenance.

What Types of Claims Can Be Made Under the Inheritance Act?

Claims made under the Inheritance (Provision for Family and Dependants) Act 1975 typically fall into two categories:

Claims for financial provision: If the deceased’s will or the rules of intestacy fail to make reasonable provision for the claimant, the claimant can seek a court order for financial support. The court will consider the claimant’s financial needs, the size of the estate, the testator’s intentions, and the needs of other beneficiaries.

Claims for maintenance: A claimant may seek maintenance to cover basic living expenses, such as housing, food, and healthcare costs. The court may order that a lump sum or ongoing payments be made from the estate.

It’s important to note that the court will only award provision if it finds that the deceased’s estate does not adequately meet the claimant’s financial needs and that it is reasonable for them to receive more.

How Does the Court Decide Whether to Award Provision Under the Inheritance Act?

When considering a claim under the Inheritance (Provision for Family and Dependants) Act 1975, the court takes various factors into account, including:

The financial needs and resources of the claimant: The court will look at the claimant’s current financial position and future needs. If the claimant is in financial difficulty, this may increase the likelihood of a claim being successful.

The size and nature of the deceased’s estate: The court will consider how much the deceased’s estate is worth and how it is distributed under the will or intestacy laws.

The deceased’s wishes: The court will respect the deceased’s intentions as expressed in the will, but these wishes will not be followed if they are deemed unreasonable in relation to the claimant’s needs.

The claimant’s relationship to the deceased: The court will consider the closeness of the relationship, particularly in cases where the claimant was financially dependent on the deceased.

Any other relevant factors: This could include the claimant’s age, health, financial independence, and whether they were receiving financial support from the deceased.
The court has wide discretion in determining what constitutes “reasonable provision,” so the outcome will depend on the specific facts of each case.

How Long Do I Have to Make a Claim Under the Inheritance Act?

Under the Inheritance (Provision for Family and Dependants) Act 1975, you must make a claim within 6 months from the date of the grant of probate (if there is a will) or letters of administration (if there is no will). If you miss this deadline, the court may refuse to allow your claim, unless there are exceptional circumstances that justify an extension.

It is therefore crucial to seek legal advice as soon as possible if you believe you may have a claim. If you are a beneficiary who is concerned about a potential claim against the estate, early legal advice can also help you understand your rights and prepare accordingly.