What is an Inheritance Act Claim?
If you have been left out of a Will by a close family member, or if the deceased did not make a Will and you are not recognised as a beneficiary by the intestacy rules, you may be able to bring a claim under the Inheritance (Provision for Family & Dependants) Act 1975.
An Inheritance Act Claim is a claim for financial provision from a loved one’s estate in circumstances where the Will (or if the person died without making a Will) the intestacy rules, do not allow you to inherit anything from their estate.
Claims can also be brought if the Will or the intestacy rules do not provide you with enough provision for your financial needs, such as where you have only been left a token gift in the Will rather than a real share of the estate.
How we can help
Making an Inheritance Act Claim can be very stressful. However, our expert team of Specialist Solicitors are very experienced in bringing inheritance claims and succeeding. Find out more by reading some recent case studies.
Inheritance Act claims can arise in many circumstances
Left out of a Will
Where you have been cut out altogether, perhaps with your siblings inheriting the estate when you think you should have shared the estate with them.
Where a parent has remarried
Where a parent has remarried, and all their estate goes to their new spouse. If you do not have a good relationship with your stepparent, you may not be included in their Will and will not therefore inherit anything from your parent.
You were not married to the deceased
Where you were not married to the deceased and he or she had not made a Will before they died. In these circumstances you would not be entitled to a share of the estate as you are not recognised by the intestacy rules as their beneficiary.
Who can bring a claim?
You can bring a claim if you are related or connected with the deceased as follows
• A spouse or civil partner
• A child (whether a minor or an adult)
• Someone treated as a child of the family, such as a stepchild
• Someone treated as a financial dependent by the deceased whilst they were alive
• A cohabitee living with the deceased for two years or more prior to their death
When can you bring a claim?
Time limits for bringing a claim
There are strict time limits for bringing a claim, so it is important that you act fast if you think you have a claim.
Claims must be brought within six months of the date when the grant of probate or letters of administration for the estate have been obtained.
Claims can be brought after this time however you must have a very good reason why you did not bring your claim sooner, such as if you had been led to believe you were a beneficiary of the estate when you were not. Permission of the Court is needed to bring a late claim, and this may not always be granted.
Making an Inheritance Act Claim
If you wish to bring an Inheritance Act Claim, then call our team on 033 0300 1103. We offer an initial, FREE consultation during which you can explain your situation and we can advise you about how best to proceed. And for an inital, set fee we can carry out preliminary investigations on your behalf to establish whether your claim is likely to succeed.