Inheritance Claims Lawyers Essex
When someone close to you dies, discovering that you have been left without reasonable financial provision can feel deeply upsetting. Inheritance claims are rarely just about money. They often involve grief, family dynamics, and a sense that something is not right. Our role is to help you understand whether a claim may be possible and to guide you calmly through your options.
Do you have grounds to make an inheritance claim?
If you feel that a will, or the way an estate has been handled, does not make fair provision for you, it is natural to feel uncertain about what to do next. The law allows certain people to bring a claim, but strict rules and time limits apply. Early, clear advice can make a real difference.
You were financially dependent on the deceased, or expected reasonable provision, but the will or intestacy rules have left you without adequate support for housing, living costs, or ongoing needs.
You were married to, or in a long-term relationship with, the deceased and feel the estate does not reflect your role or contribution, particularly where your financial position has been affected by their death.
You have been left out of a will, or provided for inadequately, and are unsure whether the law offers any protection or entitlement in your circumstances.
The deceased made assurances during their lifetime about providing for you, but these intentions were not reflected in the final will or estate arrangements.
You believe the outcome does not reflect your relationship with the deceased or your needs, and you want to understand whether the law can intervene without escalating conflict unnecessarily.
Inheritance Claims Services
We advise on inheritance claims at every stage, tailoring our approach to your circumstances.
We advise eligible applicants on claims for reasonable financial provision, assessing prospects, time limits, and likely outcomes before any formal steps are taken.
Many inheritance claims can be resolved through negotiation or mediation. We work to achieve fair outcomes while minimising stress, delay, and unnecessary expense.
Where settlement is not possible, we provide clear, robust representation through the court process, keeping you informed and supported throughout.
Inheritance claims are subject to strict deadlines. We help you understand these limits early, ensuring opportunities are not lost through delay.
Advising on urgent legal protections, including injunctions and court orders, where immediate action is needed to prevent further harm.
Coordinating financial abuse advice with wider legal remedies, including family, property or civil disputes, where appropriate.
Settling Inheritance Act Claims
The 1975 Act is not intended to be grounds for disappointed beneficiaries, although the Courts do recognise the concept of moral obligation, particularly in cases of hardship.
There is no set formula for what ‘reasonable financial provision’ is and this is decided by the Courts on a case-by-case basis.
Each case is unique, as some claimants may be entitled to claim a greater award than others, based on their relationship with the deceased. The Court will not always make an award which might seem “fair” or “equal”, to what others may have received from a loved ones estate. The Court will consider the individual claimants circumstances and the factors listed above before reaching a decision.
It is up to you and your solicitors to show the Court that the provision you have been left (if any) is not sufficient to meet your needs.
The Courts would look at the following questions:
- Does the Will (or intestacy provisions) make reasonable financial provision for the applicant
- If not, should the Court intervene so as to award such provision from the estate
- If so, what type of provision is appropriate in this particular case?
The basis for making a claim is simply that reasonable financial provision has not been made by the deceased for the claimant.
Undue Influence
Undue influence is when a person coerces someone into changing their Will to benefit themselves.
Contesting a Will using undue influence looks at two possibilities:
If you believe that the deceased may not have had the ability to make a Will or did not realise what they were signing, maybe as a result of:
- an illness (e.g. dementia, cancer, depression)
- medication they were taking causing confusion or them to be delirious
then the validity of the Will could potentially be challenged.
It could also be challenged if another person coerced the deceased into making their Will and that the terms of the Will does not reflect the deceased’s true wishes (they were unduly influenced).
For a Will to be valid, the testator (the person who made the Will) must have knowledge of the terms of the Will and approve its content. If they didn’t have the required knowledge and approval then the Will can be challenged and declared invalid.
Where there is a correctly executed Will, it is presumed that the testator had the required knowledge and approval of its terms. There are exceptions to this presumption, such as where the testator has a disability affecting their speech, hearing, eyesight, or their ability to write.
If there are suspicious circumstances surrounding the execution of the Will then the presumption of knowledge and approval will not apply. Homemade Wills are vulnerable to such a challenge.
There is often an overlap between challenging a Will on the grounds of lack of knowledge and approval, and a challenge made on the grounds of undue influence. the conduct and state of mind of the testator may be a relevant concern especially if they had they been behaving irrationally or acting out of character. Recent bereavement, depression, temporary confusion due to poor health (such as a urinary infection) can impact in their mental faculties, short of losing testamentary capacity altogether.
Why choose Mullis & Peake
Inheritance claims require a careful balance of legal clarity, emotional awareness, and proportional decision-making. We focus on guiding clients through this process with sensitivity and realism.
Our Dispute Resolution team has extensive experience advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975.
We explain your position clearly, without legal jargon, so you can make informed decisions at what is often a difficult time.
We explore negotiation and settlement where appropriate, helping to manage costs, emotional strain, and family relationships wherever possible.
We act for individuals and families throughout Essex, offering discreet, steady guidance
Frequently asked questions
If someone close to you has died and you feel that you have been unfairly excluded from their estate, it may be possible to make a claim under the Inheritance (Provision for Family & Dependants) Act 1975, commonly referred to as the Inheritance Act
Inheritance Act 1975 claims usually concern the inheritance rights of children and other family members, where they haven’t received reasonable financial provision as their inheritance under the deceased’s Will or where they died without a Will under the Intestacy Rules or if where a family member is left out of the will for whatever reason.
Only those who fall into one of the categories below can make a claim:
- the spouse or civil partner of the deceased
- the former spouse or civil partner of the deceased (as long as that person has not remarried/entered into a subsequent civil partnership)
- a person who, for the two years before the death, was living with the deceased as if they were a spouse or civil partner
- a child of the deceased
- a person who was treated as a child of the family by the deceased
- any other person who was being maintained, wholly or partly, by the deceased immediately before their death.
The basis for making a claim is simply that reasonable financial provision has not been made by the deceased for the claimant.
In those cases other than where the spouse or civil partner of the deceased is concerned the power of the Court to grant relief under the Inheritance Act 1975 is limited to ordering only such provision as is reasonably necessary for the maintenance of the applicant.
Unfortunately, this simplicity hides a difficulty in determining what might be reasonable financial provision, as there are different classes of claimants and each claimant within each class will require different financial provision.
Get in touch with our Inheritance Claims team
If you believe you have been treated unfairly under a will or estate, it is important to seek advice as soon as possible. Our team is here to listen, explain your options clearly, and help you decide on the best way forward.
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