An Inheritance Act claim refers to a claim for financial support brought under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act), commonly referred to as the Inheritance Act.
The Act allows certain individuals to claim the estate of someone who has died if the individual has not been left anything or if the amount they have been left is not sufficient to meet their reasonable financial needs.
A claimant could be someone who was left out of a Will or, if the deceased did not leave a Will, someone who is not entitled to anything under the Rules of Intestacy, such as a stepchild or cohabiting partner, as there are no automatic cohabitee inheritance rights in the UK.
What is an Inheritance Act Claim?
An Inheritance Act claim is a request to the executors of the estate to recognise the deceased’s obligations and make reasonable financial provision. Where the executors do not agree to make a payment, the claim is filed in court.
Evidence will be presented and hearings arranged, giving those involved the chance to put their case.
Who Can Claim Under the Inheritance Act?
Inheritance Act 1975 eligibility to make a claim extends to the following individuals:
- The deceased’s spouse or civil partner
- A former spouse or civil partner
- A child of the deceased
- A cohabiting partner who was living with the deceased when they died and for at least two years immediately before their death
- Anyone treated as a child of the family by the deceased
- Anyone being supported by the deceased, either wholly or partly, immediately prior to their death
How Much is Awarded for Successfully Contesting a Will Under the Inheritance Act?
A spouse or civil partner can claim a similar amount to that which they might receive in a divorce or civil partnership dissolution.
All other claimants are limited to claiming ‘reasonable financial provision’, including those making child inheritance claims or claims as a stepchild.
What is a Reasonable Financial Provision in UK Law?
Reasonable financial provision is not as much as to allow someone to live in luxury; however, it is more than mere subsistence. In deciding the amount a claimant needs, the court will look at the following factors:
- The claimant’s financial needs and resources, both at the current time and in the foreseeable future
- The financial needs and resources of any other claimant or beneficiary, now and in the foreseeable future
- The obligations and responsibilities that the deceased had
- The size and nature of the estate
- Any physical or mental disabilities of any claimant or beneficiary
- Any other relevant conduct
What is the Time Limit in Inheritance Act Claims in the UK?
There is a time limit for starting an Inheritance Act claim of six months from the date of the Grant of Probate. This means that it is important to take legal advice as soon as possible if you believe you may have a valid claim. Although the court may grant leave to claim out of time, it is always advisable to file before the deadline wherever possible.
How to Make a Claim Under the Inheritance Act
As well as speaking to an expert Inheritance Act claims solicitor early on, you should also put together any evidence you have in support of your claim. This could be paperwork proving that you lived with the deceased and were financially assisted by them, as well as documents showing your current financial position.
The estate’s executors or administrators may be prepared to enter into negotiations to try and resolve matters out of court. Your solicitor will be able to deal with this on your behalf and advise you on what you can expect and the strength of any offers you may receive.
Where it is not possible to settle matters by way of negotiation or mediation, your solicitor will ensure that your claim is filed at court by the Inheritance Act deadline.
Defending Inheritance Act Claims
The executors or administrators of an estate must act in the best interests of the beneficiaries at all times. This generally means that they should take legal advice if the estate is facing a legal claim, so that they can show they took action to protect the assets.
They will need to treat the claim impartially and provide information to the court when requested to do so.
It may be possible to negotiate a settlement out of court. This can be a faster and more cost-effective option, and can also avoid delays in the estate administration.
Contact Our Probate and Inheritance Solicitors
If you think you may have a valid claim under the Inheritance Act, reach out to us for expert advice and support. For more details on our related services, visit our Wills, Trusts, and Probate page.
To speak with one of our experienced probate solicitors, call us at 0330 173 3980, email info@witansolicitors.co.uk, or complete our contact form. We’ll be happy to discuss your circumstances and explore how we can help.
