Can I make a claim under the Inheritance Act 1975?

Although it is up to the individual to leave their estate to whoever they choose, we understand that it can be a stressful time if you have been left out of a Will or are not benefitting from an estate as much as you thought you would. 

Who is entitled to make a claim under the Inheritance Act?

Not everyone can make a claim for reasonable financial provision from the estate of the deceased. The Inheritance Act only allows for the following dependants to make a claim:

1. The Spouse or civil partner of the deceased.
2. A former spouse or civil partner who have not remarried or formed a new civil partnership.
3. Children of the deceased.
4. Adopted children of the deceased or children who were treated as a child of the family.
5. Individuals who were financially maintained by the deceased prior to their death. 

Before making a claim under the inheritance you must first check whether the following is satisfied:

1. The deceased died domiciled in England or Wales.
2. You are a dependant that is entitled to make a claim under the Inheritance Act. 
3. The deceased’s will or the intestacy rules stipulates you will not receive reasonable financial provision from the deceased’s estate. 

How does the Court decide what is 'reasonable'?

Firstly, you must satisfy the Court that the above grounds are met. The Court will then consider a number of other grounds to make the decision as to what constitutes reasonable financial provision. 

The Court will take into consideration your current assets and income. They will also look at your future earnings. The Court will also look at what the other beneficiaries of the deceased’s estate have in terms of current assets, income and future earnings. Lastly, the Court has to pay consideration to the size of the deceased’s estate as they will have to consider how much money is available to share between all of the beneficiaries.

Once the Court has taken these factors into consideration, they will determine whether you have received reasonable financial provision from the deceased’s estate. If the Court determines you have not received a reasonable amount, the Court will then consider what Orders it can make to ensure you have been sufficiently provided for. This is usually done by re distributing the estate. Although the Court have the ability to use their discretion when making an Order, examples of how the Court may re distribute the estate are set out below:

1. Lump sum payment to the Claimant. 
2. Transfer of the deceased’s property into the Claimant’s name. 
3. On going maintenance via income. 

Is it common for cases to end up in Court?

Most claims under the Inheritance Act never reach the full trial stage. Parties are more likely to engage in a process called meditation. This is much more cost effective than going to Court and allows parties to enter into negotiations with each other, where a settlement is often agreed. 

What costs are involved with making a claim under the Inheritance Act?

Each case is different and therefore costs will vary. The first stage in making a claim under the Inheritance Act would be to write a letter of claim to the beneficiaries setting out the basis of your claim. Depending on how the beneficiaries respond will depend on how far a case will go. If settlement can be reached at the early stages, costs will be more minimal however if a case ends up to a full Court trial, then inevitably costs will be excess. Mediation is much cheaper than going to trial and many parties have entered mediation with a successful outcome.  When making a claim under the Inheritance Act it is always worth checking whether you have any form of Legal Expenses Insurance cover attached to your Home and Contents policy. Many people are not aware they have this, and it can be useful in helping pay for fees in these sorts of claims.

Is there a time limit on when I can bring an Inheritance Act claim?

If you are thinking about making a claim under the Inheritance Act, you don’t have too much time to think. In most circumstances, any claim under the Inheritance Act should be made within 6 months of Probate being granted. If you make a claim outside of this period, you will have to make an application to the Court and seek permission to proceed. If you aren’t sure if you have a claim under the Inheritance Act or are looking to make a claim, it is important you seek legal advice as soon as possible.