Inheritance Act claims
If you feel that the
provision left for you in a will or on intestacy is not what you
expected, you may be eligible to make a claim under the Inheritance
(Provision for Family and Dependants) Act 1975.
Inheritance Act 1975
What is its purpose?
The aim of the Inheritance
(Provision for Family and Dependants) Act 1975 is to make further
financial provision for those who:
- have been left out of a will as a
result of intestacy (where there is no will);
- have been left out of a will
- have not been left as much as they
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’.
Our specialist Inheritance Act
solicitors regularly advise clients who want to bring or defend
Inheritance Act claims. Whatever the issue, our team has the
experience and expertise needed to help you. Contact us today on
029 2066 0563 or, if you would prefer, complete our ‘request a call
Who can make an Inheritance Act
You could be eligible to make an
Inheritance Act claim if you were:
- the spouse/civil partner of the
- the former spouse/civil partner of
the deceased who has not remarried or entered into a further civil
- living with the deceased for at
least two years prior to their death;
- the deceased’s child (which
includes an adult child);
- treated as the deceased’s ‘child’
(for example, but not necessarily, adopted, fostered or a
- being “maintained” by the
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
Defending against an Inheritance
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.
Our experience with Inheritance
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
Whatever the Inheritance Act issue,
our legal advisors have the experience necessary to help you. To
find out more about how we can help in relation to an Inheritance
Act claim contact us today on 029 2066 0563 or, if you would
prefer, complete our ‘request a call back’ form.
Are there any time limits for
Inheritance Act claims?
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. To
find out more contact us today on 029 2066 0563 or, if you
would prefer, complete our ‘request a call back’ form.