Inheritance Act Claims

If you have been left out of a Will or have not been adequately provided for, you may be able to make a claim under the Inheritance Act. Our Inheritance Act solicitors can help you make a claim. We can also help to defend Inheritance Act claims if someone is making a claim on your inheritance.

We regularly act for both those seeking to bring a claim as well as on behalf of the administrators or executors of the estate seeking to defend a claim.

What Is The Inheritance Act?

The Inheritance Act 1975 provides legal protection for certain people who are financially dependent on another person. Usually, the immediate family or the partner of the deceased. If they have not been adequately provided for, they may be able to make a claim for financial provision from the deceased’s estate.

As long as the estate can provide it, a spouse or civil partner should receive a financial provision that allows them to enjoy the same standard of life they previously enjoyed. Anyone else making a claim is entitled to a reasonable financial provision as is necessary for their maintenance.

Where reasonable financial provision has not been made, the Act enables the court to vary the distribution of the deceased’s estate.

Who can make an Inheritance Act claim?

  • Spouse/civil partner.
  • Former spouse/civil partner (if not remarried).
  • Children including adopted and step-children. They can be adult or minor children.
  • A person who has lived with the deceased for at least two years.
  • A person who was financially maintained by the deceased.

Is there an Inheritance Act Claim Time Limit?

Yes. The claim must be started within six months from the date probate was granted. In some circumstances, the court may grant an extension to this time limit. 

How our inheritance act claims solicitors can help you:

  • Meet with you to discuss your matter and let you know if you have a strong case and talk you through all of the available options
  • Guide you through each step whether you are making or defending a claim
  • Make sure your application is submitted within the time limit.
  • Try, where possible, to make sure disputes are resolved by negotiation and mediation rather than by incurring the cost of going to court.

What can I do if I have been left out of a will or I haven't received as much as I thought I would?

You might be able to make a claim under the Inheritance Act, depending on your relationship to the deceased and your financial circumstances.

Who can claim under the Inheritance Act?

The following people can make a claim under the Inheritance Act:

  • Spouse/civil partner.
  • Former spouse/civil partner (if not remarried).
  • Children including adopted and step-children. They can be adult or minor children.
  • A person who has lived with the deceased for at least two years.
  • A person who was financially maintained by the deceased.

How much will it cost to make a claim under the Inheritance Act?

Each case is different, so the total cost will always vary. We encourage clients to try and come to an agreement as early as possible to minimise the legal fees for both sides.

Are there time limits for bringing an Inheritance Act claim?

Yes. The claim must be brought within six months of the date of grant of representation. In some exeptional circumstances a claim may still be brought outside of this timeframe.

How to defend an inheritance claim?

If you have received a claim against you, you should seek legal advice as soon as possible. If the claimant has a reasonable claim, then a quick and amicable solution will be in the best interest of all parties. If the claimant does not have a claim then we would advise you to defend the Inheritance Act claim.

Can grandchildren claim under the Inheritance Act?

A grandchild can only claim under the Inheritance Act if their parent has died either before the individual whose inheritance is in question did or before the grandchild turned 18.