Inheritance Act Claims

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Inheritance Act Claims

If you have been left out of a will, you may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. You may also be entitled to claim for a greater share of the estate, especially if you were a spouse of the deceased.

You may also be entitled to bring a claim when the deceased had no Will and the intestacy rules don’t make reasonable financial provision for you, for example, if your unmarried partner has died.

We specialise in helping individuals in these circumstances. We advise, assist in negotiations to reach settlements and represent our clients in obtaining successful court orders.

Often, we also act for parties who are defending their inheritance from a challenge under the 1975 Act.

I am very happy to share my glowing praise for Mercer’s solicitors. They have been my family’s lawyers for many years now, their care and professionalism have been invaluable both in the day to day and, importantly, in difficult times. Thank you Mercers.

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FAQs

Who can make a claim under the Inheritance Act 1975?

spouses or civil partners
a former spouse or civil partner if they haven’t remarried or entered a new civil partnership,
Children, including adopted children and in some cases stepchildren
Dependants, meaning anyone who was being maintained either wholly or partly by the deceased immediately before their death

Can a spouse make a claim against a will?

Yes, a spouse can make a claim against a Will and they have a stronger claim than any other claimants as their claim is not limited to what they need for their maintenance. The court considers how the marital assets (that is, all the assets belonging to each party added together) should have been split in the event the marriage ended in divorce. The starting point is to divide the marital assets equally but many factors, especially the age of the applicant, duration of the marriage and the contribution made by the application to the welfare of the deceased’s family, will determine what award the court will make.

Can cohabiting partner claim inheritance?

Yes, a person is entitled to claim under the Inheritance Act 1975 if they can show that they lived with the deceased for two years prior to the death of the deceased and they lived as a married couple or civil partners.

The court will take into account;

the age of the applicant,
the length of the period during which the applicant lived with the deceased as if the applicant and the deceased were a married couple or civil partners, and
the contribution made by the applicant to the welfare of the family of the deceased, including any contribution made by looking after the home or caring for the family.

Is there a time limit for making a claim?

Yes, a claim should be made within 6 months from the date the Grant of Probate was obtained. If you are outside of this timeframe a claim can be made at the court’s discretion.

What does ‘reasonable financial provision’ mean

This is entirely fact specific. The court will consider all circumstances including the following factors:

1. the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
2. 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;
3. any obligations and responsibilities which the deceased had towards the applicant
4. the size and nature of the net estate
5. any physical or mental disability of the applicant

What can the court award?

The court has wide discretion and can order a lump sum payment, ongoing financial support, a transfer of property and/or the right to live in a property.

Inheritance Act Claims