Were you expecting to be provided for in a loved one’s Will but received less than you expected or have you been left out altogether? If so, you may be able to make a claim under the Inheritance (Provision for Family & Dependants) Act 1975.
Get specialist legal advice from our experienced wills, trusts and probate dispute solicitors today.
What is the Inheritance (Provision for Family & Dependants) Act 1975 (“the 1975 Act”)?
The 1975 Act was established to allow disappointed beneficiaries the ability to make claims against estates for reasonable financial provision to be made for them out of a deceased person’s estate.
A successful claim can result in the courts varying the way in which a deceased person’s estate is disposed of where it considers reasonable financial provision has not been made for an applicant.
This means that if you have been disinherited altogether, or you have not been adequately provided for in a person’s Will or under the Rules of Intestacy, you may be able to make an Inheritance Act claim. Whilst the facts of each case are different, and awards reflect that an award by the court is typically aimed at ensuring a claimant receives what is necessary to meet their personal maintenance needs for the foreseeable future.
Who can make a claim under the Inheritance Act?
To make a claim, you need to make sure you are eligible to do so as not everyone can make a claim under the Inheritance Act. Those that can include:
- A spouse or civil partner;
- A former spouse who hasn’t remarried;
- A former civil partner who hasn’t entered into a new civil partnership;
- A child of the deceased;
- A step or foster child of the deceased (or anyone treated as a ‘child’ by the deceased);
- Someone who has been living the deceased for at least two years prior to their death (as a cohabiting partner);
- Anyone else who was either wholly or partly maintained by the deceased immediately preceding their death.
Timeframe – From the date probate is granted, a claimant has six months to start court proceedings so acting as soon as possible is essential.
Why choose Trethowans?
If you are considering making a claim under the Inheritance (Provision for Family and Dependants) Act 1975, your first step is to contact an experienced solicitor who can advise you fully on the merits of your potential claim and the best course of action to help you resolve matters.
Our team of specialist dispute solicitors have many years of experience successfully helping clients bring or defend Inheritance Act Claims or resolving disputes without the courts deciding the case.
We can also help in situations where all parties agree that provisions need to change but are unsure how to implement their agreement legally.
No matter what your situation is, whether you want to make a claim or need help defending one, our specialist Contentious Probate solicitors are here to help.
Call us on 0800 2800 421 today and we’ll be happy to discuss your case.
