Under The Inheritance (Provision for Family and Dependants) Act 1975, a small and limited number of people are able to make a claim against the estate of a deceased person.
Who Can Make a Claim?
People who are able to bring a claim, must fall under one of the following categories:
- Spouse or civil partner (or former spouse or civil partner – so long as they have not remarried or entered into another civil partnership)
- Child or stepchild
- Someone who has continually lived with the deceased for at least two years before their passing
- Someone who was financially maintained by the deceased
What Factors Are Considered in Inheritance Act Cases?
It is difficult to predict the outcome or likelihood of a successful claim as each claim is dependent upon its own set of facts and circumstances. It is for the claimant to prove that the Will does not make ‘reasonable financial provision’ for them. The below factors (whilst not exhaustive) will be considered in all cases:
- The value of the deceased’s estate
- Whether the claimant is a beneficiary to the current Will
- Whether the deceased had any financial obligations to the claimant
- The financial circumstances of the claimant
- Whether the claimant has any disabilities that impact their earnings or living arrangements
- The financial circumstances of the other beneficiaries
When Can You Make a Claim?
A claim under this Act must be made within 6 months of the date of the Grant of Probate. It is imperative that action is taken as early as possible. Whilst there is the ability for the claimant to make an application out of time, it is at the Court’s discretion as to whether this is possible.
How Does the Court Asses an Inheritance Act Claim?
For a spouse or civil partner, the Court will often look to what that person would have been entitled to receive should they and the deceased have obtained a divorce prior to their passing.
For all other persons able to apply, the Court will consider the claimant’s argument that ‘reasonable financial provision’ has not been made for them, the financial circumstances of this particular claimant and whether provision should be made for them to receive some form of maintenance.
How Can Our Inheritance Act Solicitors Help?
At Bridge McFarland LLP, our experienced Inheritance Act claims lawyers will advise you on the merits of your particular case and recommend the best way to proceed based on your particular situation. We are happy to discuss your concerns and explore ways to work towards a resolution. We understand that any dispute, regardless of its size or complexity, is stressful for everyone involved.
If you are unsure if you are eligible to raise a dispute against an estate, please speak to the team of Wills solicitors at Bridge McFarland LLP. You can call our Hull, Grimsby and Lincolnshire-based team on 0800 987 8800 or email enquiries@bmcf.co.uk.
