Who Can Make An Inheritance Act Claim?

Who can make an Inheritance Act claim?

Only certain categories of people are eligible to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

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Eligible applicants

You may be able to bring a claim if you are:

a spouse or civil partner of the deceased
a former spouse or civil partner (who has not remarried)
a cohabiting partner who lived with the deceased for at least two years
a child of the deceased
someone treated as a child of the family
a person financially maintained by the deceased

What does the court consider?

The court will consider factors including:

your financial needs and resources
the size and nature of the estate
any obligations the deceased had towards you
the needs of other beneficiaries
the conduct of the parties

How long do I have to bring an Inheritance Act claim?

Inheritance Act claims must usually be issued within six months of the grant of probate or letters of administration.

Can the deadline be extended?

The court has discretion to allow late claims, but this is not guaranteed. Factors include:

the reason for the delay

whether the estate has been distributed
the merits of the claim
the reason for the delay
prejudice to beneficiaries
whether there is recourse to any other financial remedy

Early advice is essential to avoid losing the right to claim.

What should I do if time is short?

Urgent steps may include:

entering into a “standstill” agreement
notifying executors of a potential claim
issuing a claim “protectively”
applying for an extension of time

With one of the largest specialist teams in the UK, we can act quickly where deadlines are approaching.

How much can I claim under the Inheritance Act?

There is no fixed amount that can be claimed under the Inheritance Act. The court decides what is reasonable in the circumstances.

What is “reasonable financial provision”?

For spouses and civil partners, this is what is reasonable in all the circumstances, whether or not it is required for that person’s maintenance. The courts will often have in mind what provision would have been made had the marriage or civil partnership been terminated by divorce rather than death. As such, the usual starting point is an equal division of the matrimonial assets although the court has discretion to depart from that, and often does.

For other applicants, provision is limited to what is reasonably required for maintenance. Maintenance is fact specific and generally amounts to such financial provision as is reasonable to provide for a person’s means according to their lifestyle while also accounting for any other beneficiaries and taking into account the size and nature of the estate.

What affects the value of a claim?

Key factors include:

your income, assets and liabilities both now and in the foreseeable future
the income, assets and liabilities of any beneficiaries both now and in the foreseeable future
your standard of living
the size of the estate
competing claims
any disabilities or special needs
any other relevant factor including anyone’s conduct

Can claims be resolved without court?

Yes. Many Inheritance Act claims settle through negotiation or mediation, avoiding the cost and stress of court proceedings.

Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team. He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

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