A guide to Inheritance Act claims

The Inheritance (Provision for Family and Dependants) Act 1975 allows for a class of people to challenge the dispositions made in a deceased’s persons Will, or where there is no Will, the distributions made under the intestacy rules.

What is an Inheritance Act claim?
Under this legislation, eligible parties can bring a claim if they require ‘reasonable financial provision’ from the estate. The eligible party must provide evidence of their financial circumstances and show that they have not received reasonable financial provision from the estate in the deceased’s Will or the intestacy rules.

Who can bring a claim under the Inheritance Act?
The following people may be eligible to bring a claim for reasonable financial provision under the Inheritance Act: -

1. A spouse or civil partner of the deceased;
2. A former spouse or civil partner of the deceased;
3. A cohabiting partner of the deceased;
4. A biological or adopted child of the deceased;
5. A person treated by the deceased as a child of the family; or
6. A person who was wholly or partly financially dependant on the deceased.

​What is ‘reasonable financial provision’?
When considering a claim under the Inheritance Act, the Court must consider all circumstances of the case, including: -

1. The financial needs and resources of the claimant at the time of the claim and in the foreseeable future;
2. The financial needs and resources of any other claimant at the time of the claim and in the foreseeable future;
3.  The financial resources and financial needs of any other beneficiary of the estate at the time of the claim and in the foreseeable future;
4. Any obligations and responsibilities which the deceased had towards the claimant or any other beneficiary of the estate;
5. The size and nature of the estate;
6. Any physical or mental disability of any claimant or beneficiary of the estate; and
7. Any other matter the Court considers relevant.

It is important to note that what constitutes ‘reasonable financial provision’ will vary depending on the claimant. For most applicants, the Court will limit any provision to what is considered reasonable for their maintenance. For a spouse or civil partner, a higher standard of provision will apply.

When must a claim under the Inheritance Act be made?
Claims under the Inheritance Act must be issued with the court within six months from the date that a Grant of Representation is issued. It is important that eligible parties considering a claim act promptly and do not delay taking legal action.

How we can help
If you are considering a claim under the Inheritance Act or would like to discuss a potential claim, please call us on 01278 456 621. We would be happy to arrange a twenty-minute free consultation.