Inheritance Act Claims

Inheritance Act claims, governed by statutes such as the Inheritance (Provision for Family and Dependants) Act, offer a legal recourse for individuals who believe they have been unfairly treated in the distribution of assets from a deceased person’s estate. These claims often arise when family members or dependents feel they have not received adequate provision as expected. Through these legal channels, the court has the authority to adjust the distribution of assets to ensure fair and reasonable financial provision for the claimant. Handling Inheritance Act claims demands a nuanced understanding of inheritance law and diligent legal representation to navigate the complexities involved. Our team of experienced solicitors specializes in managing such cases with care and expertise, safeguarding the rights and interests of our clients throughout the process.

Who is able to make a claim under the Inheritance Act?

The following people are entitled to make a claim under the Inheritance Act:

• A spouse or civil partner of the deceased
• A divorced spouse or a separated civil partner of the deceased, given that they have not remarried or entered into a new civil partnership
• Any person who lived with the deceased for a minimum of two years prior to their death
• A child of the deceased (including children over the age of 18)
• Anyone who was treated as their child by the deceased person, including adopted children, fostered children, step children and so on
• Anyone being cared for by the deceased person prior to their death

Important factors when considering an Inheritance Act claim

• The financial needs of the person making the claim
• The financial needs of any beneficiary of the estate in question has
• Any responsibilities the deceased had in regards to the person making the claim, or towards any beneficiary of their estate
• The size and contents (eg. properties, assets) of the deceased’s estate
• Any disability (either mental or physical) of the person making the claim, or any beneficiary of the estate
• Any other issues, such as the conduct of the person making the claim, or any other person involved, which the Court may deem as relevant to the case

Inheritance Act limitation

To bring a claim under the Inheritance Act, you must issue your claim within six months of the grant of probate being obtained or you may lose your right to claim. Therefore, such claims are extremely time sensitive and so if you think you may be entitled to bring a claim, you should seek legal advice urgently.

Defending an Inheritance Act claim

If you are an executor or beneficiary of an estate, and are concerned that someone may bring a claim, or someone is already brining a claim against the estate, we can help you defend the claim and look to reach an amicable resolution.

The earlier we are involved in such disputes, the greater opportunity we have to resolve the dispute at the earliest opportunity.