Inheritance Claims Lawyers Romford, Brentwood, Upminster
What is an Inheritance Act Claim?
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.
Who Can Claim Under the Inheritance Act 1975?
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.
What is Reasonable Financial Provision?
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.
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.
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How does the Court decide the merits of the claim?
The following factors will be taken into account by the Court when deciding the merits of the claim:
- The size and nature of the deceased’s estate
- The financial resources and financial needs which the applicant has or is likely to have in the foreseeable future
- The financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has or is likely to have in the foreseeable future
- The financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future
- Any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate
- Any physical or mental disability of any applicant or any beneficiary of the estate
- Any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant
Types of Inheritance Disputes
There are a number of grounds for challenging a Will. Perhaps the testator (the person who made the Will) lacked testamentary capacity; maybe someone forced them into making the Will; or perhaps the testator simply didn't make it properly, for example, the Will document is not signed.
A Will cannot be challenged on the basis of unfairness alone. A legal reason to challenge the validity of a Will is always required.
Ideally, disputes should be resolved before they reach court. Sometimes this is possible through mediation or other forms of dispute resolution.
Mullis & Peake Inheritance Claims Services
Inheritance Predicaments That Require Solicitors:
Undue Influence
The courts understand that sometimes vulnerable people are pressurised or coerced into making a Will on terms which they are not happy with. This is known as ‘undue influence’. You can contesting a Will using undue influence.
Testamentary Capacity
This is when you believe that the deceased may not have had the ability to make a Will or did not realise what they were signing. Learn more here.
Lack of knowledge or approval
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. Understand more about this here.
Contact our Inheritance Act Claim and Will dispute solicitors
There are record numbers of inheritance disputes are going through the courts, as modern family structures and rising house prices push more families to contest unfavourable outcomes. The law in this area is complex so it is important to use a specialist contested Wills solicitor. There are also strict time limits for making a claim and your contesting a Will solicitor will be able to ensure these are complied with.
We act for both claimants and the estates claimed against and will guide and support you through Contesting a Will.
At Mullis & Peake Martyn Trenerry will be your contesting a Will solicitor. He has 30 years litigation experience and is a specialist in contentious probate and all types of Will disputes. You can contact Martyn today on 01708 784042.
FAQs About Holiday Accident Claims:
Only those who fall into one of the categories below can make an Inheritance Act 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.
A large number of Inheritance Act Claims are settled before they go to Court.
It is fundamentally important to establish the correct time limit at the outset of any claim. There are a number of possible time limits in probate and inheritance claims, which will depend upon the individual circumstances of each case. You can find out more here.
Mullis & Peake have a specialist team in contested Wills ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our team contact you at a time that suits.
Our latest insights
Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice
