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Inheritance Act Claim

Inheritance Act Claims

Not receiving the expected inheritance after the loss of a loved one can be distressing, especially if you've made plans or already counted on it. While nothing can undo what's happened, you may be able to make a claim through the Inheritance (Provision for Family and Dependants) Act 1975.

This could apply if your loved one died without making a will, or if you feel the amount you were left in the will doesn't meet your needs.

No matter your situation, our network of wills, trust, and probate lawyers is here to help you understand what you may be able to claim and how to go about it.

To get started, contact our Legal Assessment Team.

• What is an Inheritance Act claim?

• How does an Inheritance Act claim work?

• Who can claim under the Inheritance Act 1975?

• What is the Inheritance Act claim time limit?

• How much does an Inheritance Act claim cost?

• Will I have to go to court for an Inheritance Act claim?

• What is the potential outcome of an Inheritance Act claim?

• What should I do if I'm involved in an Inheritance Act claim?

• How can I prevent a claim under the Inheritance Act?

What is an Inheritance Act Claim?

An Inheritance Act claim is a request for compensation from the estate of a deceased individual.

Under the Inheritance Act 1975 specific individuals can seek compensation if they were not adequately provided for in the deceased person's will or under intestacy rules.

How does an Inheritance Claim Act work?

Only eligible individuals can make a claim under the Inheritance Act. This includes partners, children, and other close family members.

Someone can make a claim when they feel reasonable provision hasn't been left for them in a will, or the rules of intestacy haven't provided for them in the absence of a will.

'Reasonable provision' means the financial support necessary for everyday living expenses and housing.

The court assesses each case individually, considering factors like financial resources and living arrangements with the deceased.

Who can claim under the Inheritance Act 1975?

The following people can make a claim under the Inheritance Act 1975:

• Spouse or civil partner of the person who died

• Former spouse or civil partner if not remarried, their claims are often blocked by the divorce court

• A child, or stepchild of the person who died

• A cohabitee - anyone who was living in the same house as the deceased for up to two years before their death

• Someone dependent on the person who died immediately before their death

• Dependent relative 

What is the Inheritance Act claim time limit?

You need to submit your application to the court within 6 months of the grant of representation to the estate.

This document confirms who will manage and distribute the deceased person's estate according to their will. Extensions may be granted by the court in specific situations.

How much does an Inheritance Act claim cost?

The cost for a licensed solicitor to help with an inheritance act claim is dependent on many factors including the complexity and specific requirements of the case.

On average it is expected to range from £150-£200 but in some cases, it could cost as much as £250.

Get in touch for a free quote for the services of a specialist lawyer through Lawhive.

Will I have to go to court for an Inheritance Act claim?

You likely won't need to go to court for an Inheritance Act claim.

We strive to settle these claims out of court, often through mediation and negotiation.

This approach is cost-effective and helps distribute the estate quickly. However, if beneficiaries oppose your claim, court proceedings may be necessary.

What is the potential outcome of an Inheritance Act claim?

There are a few different outcomes that can result from an inheritance claim.

Lump sum payment

If your claim is successful the court may award you a lump sum payment. This is a one-time payment to meet your maintenance needs or to cover your exclusion from a will.

Periodic payments

Alternatively, rather than a one-off payment the court may decide to pay you in regular sums, this may be annual or monthly and is determined by your circumstances

Property

Alternatively, the court might grant you ownership of a property or allow you to live in it for your lifetime. In this scenario, the property becomes part of the estate upon your passing.

What is the test for an Inheritance Act claim?

The court uses the 'deemed divorce' test to calculate the value of a claim for a spouse or civil partner. This test determines the amount the applicant could have received if they were divorced from the deceased individual.

What should I do if I’m involved in an Inheritance Act claim?

Each case is different, and the court considers various factors when determining the validity of your claim and the compensation amount.

That's why seeking legal advice from a wills, trust, and probate solicitor is important if you believe you haven't received what you're entitled to from an estate.

They can clarify your rights under the Inheritance Act 1975 and guide you on the necessary steps.

When making a claim, you’ll need to collect as much contributory evidence as possible that proves you are eligible for a portion of the deceased’s estate.

How can I prevent a claim under the Inheritance Act?

Preventing a claim under the 1975 Act largely involves making a will and communicating openly with your beneficiaries about your decisions.

If you're facing a claim as a beneficiary, finding a solicitor to support you can help. Provide relevant documents to your solicitor to defend against the claim, especially if you believe it's unfounded.

You can contest a claim by showing that the claimant doesn't meet the eligibility criteria or didn't have financial dependence on the deceased.

How can Lawhive help?

A claim under the Inheritance Act 1975 will only be successful if you can prove that you require a reasonable provision, being unhappy with what you have been left is not enough to make a claim.

We can help you determine if you have a claim and how much you may be entitled to. 

At Lawhive, our experienced wills, trust, and probate lawyers have helped numerous people make an inheritance claim act, and if you need to defend a claim we are also equipped to assist you.

Contact us today for a free case assessment and quote for the services of a specialist lawyer.