Inheritance act claims

On occasions the provisions of a will or the outcome of the Intestacy Rules can result in beneficiaries, or potential beneficiaries being left in difficult financial positions due to not receiving enough, or sometimes anything at all from the estate. This can be due the will not making any or sufficient provision for the support and wellbeing of an appropriate party or, in the absence of a will, the intestacy rules failing to make such provision.

The Inheritance (provision for family and dependants) Act 1975 can ensure that those who should have been provided for, do receive reasonable provision, even if that goes against the deceased's wishes. This law and its application is of particular benefit to unmarried partners who have no entitlement at all under the Intestacy rules.

The act is to provide assistance to those who genuinely need it and not as a means of allowing recovery of part of an estate jsut because the aggreived party simply wants a larger share. 

Claims usually have to be started within 6 months of the grant of probate so it is important to take legal advice as soon as possible. 

Who can claim?

• Spouse/civil partner, even if separated
• Cohabitee of more than two years
• Child of deceased
• Person treated as a child of the deceased - this includes step-children
• Person dependant on the deceased
• Former spouse/ civil partner if not remarried or in new civil partnership

Why would you claim?

• You have been left out of a will completely
• You are included in a will but have not been left as much as you need
• There is no will and under the Intestacy Rules you do not get anything
• There is no will and the Intestacy Rules do not give you enough
• The deceased supported you whilst alive and this support should continue

What can you claim?

• A spouse can claim reasonable financial provision
• Other claimants can claim provision for their maintenance

How is reasonable financial provision worked out?

The court will look at several factors, such as:

• Nature and length of relationship
• Financial needs of the claimant
• Financial needs of other beneficiaries
• Extent of the estate
• Any duty or obligations the deceased had towards the claimant or other beneficiaries
• Any disability of the claimant or other beneficiaries

As can be seen there is no guarantee of recovery and it is not a case of simply believing that you should have recieved more; there is a requirement to show genuine need.

There is a strict time limit on making an application therefore you should seek professional legal advice as soon as possible.