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Inheritance (Provision for Family and Dependants) Act 1975 claims
In England and Wales, an individual can leave their wealth to whomever they wish. However, if inadequate financial provision has been made for a spouse, children or dependants, they may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (often simply referred to as “the 1975 Act” or “the Inheritance Act”).
Claims can be costly and very damaging to family relationships. There are strict time limits that apply to 1975 Act claims. Claims can only be brought in relation to estates of those domiciled in England and Wales. Also there are only certain categories of people who can claim.
We will help you at every step of the way on this technically and emotionally challenging journey.
We often act in cases involving children, or vulnerable individuals. We have experience in dealing with cases for both claimants and defendants. We can also represent executors caught up in such disputes. We can assist with making a claim, but also when proceedings are threatened or issued. We will always assess and advise you about the chances of success of the claim and consider the best tactical approach to the matter, before you embark on the court process.
Who can make a claim under the Inheritance Act?
Under section 1(1) of the Inheritance (Provision for Family and Dependants) Act 1975, only the following categories of claimant can apply for reasonable financial provision:
- A spouse or civil partner
- A former spouse or civil partner
- A cohabitee
- A child of the deceased (including adult children)
- Someone treated as a child of the deceased
- Someone being maintained by the deceased.
How long do you have to make a claim under the Inheritance Act?
Claims under the Inheritance Act must be issued within 6 months of the date that the Grant of Probate or Letters of Administration.
While it may be possible to seek the Court’s permission to issue a claim beyond the 6 month period where there is good reason, permission is at the discretion of the Court. We have experience in negotiating suitable arrangements with opponents where we or they are seeking longer to investigate or pursue a claim, perhaps where there is a will challenge claim to be investigated too, in to avoid the need for urgent court proceedings to be issued.
What can I do if I have been left out of a will?
Disappointed beneficiaries who may have been left out of a will should seek advice on whether they qualify to bring a claim under the Inheritance Act as a matter of priority. It is important that advice is sought as soon as possible in the event that a Grant of Representation has been issued already.
We are writing to thank you for everything you have done to resolve this matter for us. We are hugely grateful for all your efforts which have often gone above and beyond our expectations to finally put an end to this for our family.