The aim of the Inheritance (Provision for Family and Dependants) Act 1975 is to make further financial provision for those who:
In a case where reasonable financial provision has not been made, the Inheritance Act enables the court to vary the distribution of the deceased’s estate for certain family members and dependants.
With the exception of a surviving spouse or civil partner (who is entitled to more), anyone else claiming under the Inheritance Act 1975 is entitled to such reasonable financial provision as is necessary for their maintenance, insofar as the estate can provide it.
A spouse or civil partner is entitled to such financial provision as is reasonable in all the circumstances, ‘whether or not that provision is required for his or her maintenance’.
We regularly act for clients who want to bring or defend Inheritance Act claims. We are also very experienced in assisting in situations where the parties agree that the provisions of a will need to be altered but need help in working out the details. This is particularly common where children are involved or where there are issues regarding potential tax consequences.
Whatever the Inheritance Act issue, our legal advisors have the experience necessary to help you.
You could be eligible to make an Inheritance Act claim if you were:
We act for a range of clients from young children to the elderly and everyone in between. Our focus is on trying to secure the maximum gain for the minimum stress.
Our expert team of solicitors can also help you if you are facing an Inheritance Act claim where you are a beneficiary or an executor/personal representative.
As a beneficiary your priority will often be to ensure that as much of the estate is preserved as possible, and to protect your interest in the estate. We have a proven track record in cases like these.
On the other hand, if you are an executor, you often have a duty to remain neutral as well as to comply with strict procedural requirements. We are on hand to guide you through the legal process.
There is a very strict time limit of six months from the grant of representation or probate within which to bring a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
In exceptional circumstances it may be possible to extend the time limit and our team is on hand to help you if this is the case. The key is to seek legal help as soon as possible. Any delay can be fatal to a claim.
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Caroline O'Flaherty, Partner in Commercial Property at Hugh James, attended the inaugural MIPIM UK property conference in mid-October. MIPIM is the world's largest real estate show, with the main event taking place in Cannes each spring, and October was the first time a MIPIM event has taken place...Read more >
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