Inheritance Act claims made under the Inheritance (Provision For Family and Dependants) Act 1975 and the dangers of delay
Inheritance Act claims: don’t delay. Contact our specialist solicitors today for a free consultation and details of No Win, No Fee funding.
We are often asked if there is anything that can be done if a will (or the Intestacy rules) fail to make adequate financial provision for a dependant or close family member.
Generally speaking, everyone is free to dispose of their assets as they want to. This means we have freedom to choose who we want to benefit from our estate when we pass away. However, the law does provide protection for certain classes of people who should be entitled to receive financial provision from a deceased’s estate. This protection comes in the shape of the Inheritance (Provision for Family and Dependants) Act 1975.
Inheritance Act claims can be made against the estate, which, if successful, will override the terms of any will. However, strict time limits apply, so it is important not to delay in seeking specialist legal advice.
Who is entitled to make an Inheritance Act claim?
The Inheritance (Provision for Family and Dependants) Act 1975 is there to help spouses, children, civil partners, cohabitees, and other surviving dependants who have been left to cope without sufficient money to enable them to get by. If a will (or the intestacy rules) fails to make ‘reasonable financial provision’ and you fall into one of the categories of claimant, then you may be able to make an Inheritance Act claim.
Read on about who can make an Inheritance Act claim.
What does the court take into account?
When dealing with an Inheritance Act claim, the court will take into account the applicant’s needs and resources, and consider these against what would be reasonable for their maintenance. Section 3 of the Inheritance Act sets out a range of factors that have to be taken into consideration.
However, Inheritance Act claims by spouses and civil partners are different, as the court will look beyond what is necessary purely for maintenance and will take a number of other factors into consideration such as:
- The age of the person making the Inheritance Act claim
- The duration of the marriage
- The contribution to the welfare of the family that has been made by the person bringing the claim
- The provision that the person bringing the Inheritance Act claim might reasonably have expected to receive if the marriage had been terminated by divorce
Inheritance Act claims: Don’t delay in getting specialist legal advice
Strict time limits apply, and applicants under the Act have just six months to bring their claim.
It’s also important to appreciate that:
a) the six month time limit runs from the date of the grant of probate of the will (or letters of administration if there is no will); and
b) formal court proceedings must be issued in court by that deadline.
It is possible to have the six month period extended by agreement with your opponent. This often happens when the parties are negotiating a settlement of the case out of court.
It is also sometimes possible to get permission from the court to bring a claim outside the six month period. However, there is no guarantee that a judge will give permission, and the courts only tend to do so if there is a very good reason for the delay.
The safest course of action is therefore to seek expert legal advice from specialist solicitors as quickly as possible.
Mediation
Inheritance Act claims should if possible be mediated out of court. We embrace all types of Alternative Dispute Resolution (ADR) as a more speedy, cost-effective option to court.
How we can help you bring an Inheritance Act claim
Our solicitors have a extensive practical experience in the field of Inheritance Act claims and can work on a no win, no fee basis.
We offer a free consultation to anyone wishing to make a claim for adequate financial provision under the Act.
You will find on this website a number of helpful articles giving more detailed information about Inheritance Act claims such as:
- What’s my inheritance claim worth?;
- Is a child entitled to inherit something from their parents’ estate?; and
- Inheritance Act claim won by cohabitee.
Contact us now for a free consultation on 0333 888 0407 or email us at [email protected]