Inheritance Claims

Whilst every individual in England and Wales has ‘testamentary freedom’, the right to leave your assets on death to whoever you choose, the law recognises that there are some situations where a testator should consider making provision for certain individuals and if they fail to do so in their will or they lose out on intestacy (where there is no valid will), am inheritance claim may be brought against their estate on death.

Under the Inheritance (Provision for Family and Dependants) Act, an individual can bring a claim against the estate of a deceased person who died domiciled in England and Wales for reasonable financial provision in any of the following circumstances:-

• where the deceased died without a will and the individual does not automatically benefit under the Intestacy Rules
• the individual has been left out of the will entirely
• the individual has not received as much as he/she believes is sufficient

“The time limit is 6 months from the grant of probate, so seeking legal advice early is crucial”

Who can bring a claim?

Inheritance claims are not open to everybody and there are specific categories of individuals who might be entitled to bring such a claim. They include:

• spouses/civil partners
• former spouse/civil partner of the deceased who has not remarried/entered civil partnership
• a cohabitee – those who are unmarried/not civil partnered who have been living together for a specified period of time as if they are married/civil partnered
• children and those treated as children (whether they are a minor or adult child)
• an individual being maintained by the deceased

The court must uphold the principle of ‘testamentary freedom’ and must not undermine the purpose of a valid will by awarding every claimant with a settlement, so the rules are complex and many factors are taken into account when considering whether provision should be made for a claimant out of the estate.

What factors are taken into account for an inheritance claim?

Factors taken into account vary depending on the category of claimant including the financial needs and resources of the claimant, the deceased’s obligations towards the claimant, the size and nature of the estate and the conduct of all parties.

When can I make a claim?

There is a very short window of opportunity to bring an inheritance claim against an estate for reasonable financial provision. The strict time limit is 6 months from the date of the grant of probate of the deceased’s estate so seeking professional advice as soon as possible is crucial.

If you think you may be entitled to bring a claim and do not believe that reasonable financial provision has been made for you, contact us now to arrange an appointment to discuss your options.