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