If you have been left out of someone’s Will but you feel you need financial support from their estate, you may be able to make an Inheritance Act claim for reasonable financial provision. This is intended to ensure that certain individuals with a relationship to the deceased have the funds they need to support them.
Our article looks at who can make an Inheritance Act claim for maintenance or other financial help and how the court will decide how much they should be awarded.
What is an Inheritance Act Claim?
The Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act) allows certain individuals to make a claim against someone’s estate after their death. This can be due to:
- The claimant was not left anything in the deceased’s Will
- The deceased did not leave a Will and the claimant will not receive anything under the rules of intestacy, ie. the rules that determine who inherits an estate if there is no Will
- The claimant is to receive a legacy but they do not believe that it is enough to support them
Who Can Make an Inheritance Act Claim?
Under the Inheritance Act, the following individuals are entitled to make a claim for financial provision from an estate:
- The deceased’s spouse or civil partner
- A former spouse or civil partner who has not remarried or entered into another civil partnership
- A cohabiting partner of the deceased who was living with them for at least two years immediately prior to their death
- A child of the deceased
- Anyone treated as a child of the family by the deceased
- Anyone maintained financially by the deceased immediately before their death
How Much Can You Claim From an Estate?
If a spouse or civil partner makes a successful claim, they will usually be awarded a similar amount to that which they might have received had they divorced the deceased.
Any other claimant will be awarded ‘reasonable financial provision’.
What is Reasonable Financial Provision in an Inheritance Act Claim?
If the court agrees that a claimant should receive help from an estate, it will take a range of points into consideration in deciding how much to award. These are:
- The financial resources that the claimant has, both now and in the foreseeable future
- The claimant’s financial needs, both now and in the future
- The financial resources and needs of the beneficiaries of the estate
- Any obligations or responsibilities that the deceased had to any other potential claimant or beneficiary
- The size and nature of the deceased’s estate
- Any physical or mental disability of any beneficiary or potential claimant
- Any other relevant matters, which could include the claimant’s conduct
If a claim is successful, the court will choose the type of award it believes to be appropriate in the circumstances. This could be:
- A lump sum
- A property or share of a property
- A share in the proceeds of the sale of a property
- Maintenance
- The right to occupy a property
- The creation of a trust to benefit the claimant
For a Spouse or Civil Partner
As the amount payable to a spouse or civil partner is likely to be similar to the amount they would have received in a divorce, the court will look at issues such as the length of the marriage, the contribution made by the surviving partner during the marriage or civil partnership, their age and any disability they may have.
For Other Claimants
In deciding whether a claim will be successful, the court can consider the deceased’s relationship with the claimant. By way of example, someone alleging that they were treated as a child of the family will need to show more than simply affection, kindness and hospitality. They will need to demonstrate that the duties and privileges of a parent-child relationship exist. This could include:
- The deceased has a role in the lives of the claimant’s children
- The deceased trusted the claimant with their financial matters
- The claimant has a key role in caring for the deceased
However, a claim made by a child of the deceased may succeed even if they had not been close to the deceased at the time of the death.
An Example Inheritance Act Case
In the case of Ilott v Mitson [2017] UKSC 17, a daughter, Heather Ilott, brought a claim against the estate of her deceased mother, from whom she had been estranged for 26 years.
Ms Ilott had limited financial resources, with an annual income of £4,665 and a reliance on benefits. Her mother left an estate of £486,000 to several charities.
The case reached the Supreme Court, where it was decided that the award of £50,000 made by the original judge was correct. It was sufficient to allow Ms Ilott to purchase white goods and other items to improve her standard of living, leaving her a small capital sum that would not affect her entitlement to benefits.
The court made the following points:
- There is no definition of ‘reasonable financial provision’ and the conduct of the claimant and the deceased will be taken into account when deciding what is reasonable
- ‘Maintenance’ does not mean ‘any or everything which it would be desirable for the claimant to have’, but similarly it is not merely subsistence
- The wishes of the deceased and their reason for making the Will should be taken into account
- The receipt of means-tested benefits is relevant as it shows the claimant’s financial resources, but does not mean that the claimant should receive more simply because they receive benefits
- Other beneficiaries do not have to justify why they have received the share they have
- A long estrangement should be taken into account
- Providing a claimant with a lump sum is not usually the right option as this goes beyond ‘maintenance’
- The original judge who has heard all of the facts of the case is best placed to decide on the amount of any award, not appeal judges, who will only be needed if there is an error of principle
Section 10 of the Inheritance Act
It may be that the deceased has given away the bulk of their estate during their lifetime, meaning that their estate at the time of their death is relatively modest. Section 10 of the Inheritance Act allows an individual to make a claim in this situation. If successful, a party who was given money by the deceased may have to pay it back into the estate.
For a claim under section 10 to succeed, it must be shown that:
- The gift was made by the deceased within the last six years of their life
- The aim of the gift was to defeat a claim under the Inheritance Act
- The person who received the gift did not pay full market value for it
Is There a Deadline for Making a Claim for Reasonable Financial Provision?
An Inheritance Act claim must be started within six months of the date of the Grant of Probate or Grant of Letters of Administration. Beyond this date, a claimant would have to show a strong reason for any delay.
Further Reading
For information on our services, see our contentious probate solicitors page.
To find out how cohabiting partners can claim from an estate, see the Cohabitee Inheritance Act Claim.
To see how the court deals with a disinheritance claim, read about a widow excluded from her husband's Will who was awarded 50% of the net estate.
For information on how to disinherit a child, read our guide here.
Contact Our Inheritance Act Claim Solicitors
If you have been left out of a Will and you feel that you need financial support from an estate, contact our contentious probate lawyers today. We can advise you of your position and discuss the best course of action to protect your rights and secure the provision you need for the future.To speak to one of our expert Inheritance Act claim solicitors, ring us on 0330 173 3980, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help. We have offices in Birmingham, Northampton, London and Wellingborough.
