A person’s will or the intestacy rules (when there is no will) determines how their assets are distributed after their death. However, under the Inheritance (Provision for Family and Dependants) Act 1975 (sometimes referred to as an Inheritance Act claim or a 1975 Act claim), certain categories of people are entitled to make a claim to assert that they should receive a sum or a larger sum from the estate.
The categories of people who are able to consider making a claim are:
- Husband, Wife or Civil Partner
- Former Husband, Wife or Civil Partner who has not remarried
- Unmarried partner that has lived with the deceased for two years
- Child (whether biological or not)
- A person treated as a child by the Deceased
- A person who was financially dependant on the Deceased
To succeed in an inheritance claim, the applicant must show that they have not been adequately provided for in the will or under the rules of intestacy. There are various factors to consider, for example, the size of the estate, the applicant’s financial position and the financial position of the existing beneficiaries.
There are also additional considerations that apply to different categories of applicant. For example, for spouses, the age of the applicant, duration of the marriage and the contribution to the home/family is taken into account.
A spouse or civil partner can claim reasonable provision from the estate; other applicants can claim reasonable provision for their maintenance.
Our expert lawyers have specialist experience in dealing with Inheritance Act claims. We can advise you on the merits of your claim or defence of a claim, and we use our significant experience to guide clients through these often emotive and complicated claims.
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Inheritance Act Claims FAQs
How does an Inheritance Act claim work?
Certain categories of people are entitled to make a claim under the Inheritance Act, for example, a spouse / civil partner or a child. If a person falling within one of the categories of applicant feels they have not been left sufficient provision from an estate, they can make a claim and the court will consider whether they agree, taking into account various factors such as the size of the estate and the financial position of the applicant.
How to defend an Inheritance Act claim?
If you wish to defend an Inheritance Act claim, you will need to consider the evidence provided by the applicant and consider if you have any evidence to counter their argument. If you are a beneficiary of the estate, your financial position is also taken into account by the court.
How much does an Inheritance Act claim cost?
As with all litigation, if a claim goes all the way to trial it can be expensive. However, our lawyers will always consider the costs proportionality of each step and will keep you updated on costs. Most claims are also capable of settlement and our lawyers will advise you on when settlement should be considered.
What is Section 5 of the Inheritance Act?
Section 5 of the Inheritance Act allows an applicant who has an urgent immediate financial need to apply for a sum from the estate prior to the court fully considering the claim.
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Our team of specialist solicitors take a personal approach to everything they do, always putting people first and providing a reassuring and supportive experience working with us. Learn more about Ellis Jones.
Learn MoreAbout Ellis Jones
Our team of specialist solicitors take a personal approach to everything they do, always putting people first and providing a reassuring and supportive experience working with us. Learn more about Ellis Jones.
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