Inheritance Act claims

If you require legal advice about an inheritance issue, please call us on 0800 437 0080. Alternatively fill out the online enquiry form for a confidential, no-obligation discussion.

Inheritance (Provision for Family and Dependants) Act 1975

The death of a loved one is a stressful time. We understand that there is a lot on your mind and we are available to assist you in any way we can.

If you are a dependant of the deceased and no reasonable financial provision has been made for you either under a legitimate will or under the rules of intestacy, you may be able to make an application to the court for an award from the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

In order to make an application you be eligible, for example you are a former or current spouse or a child of the deceased. The deceased must also be domiciled in England and Wales.

We encounter this issue especially from unmarried couples, who do not have the same rights on death as married couples, and may not realise this to be the case until it is too late.

How does the court decide a financial provision?

The court will balance out the interests of the beneficiaries of the estate and the proposed applicant to determine whether:
a) the lack of financial provision from the estate is reasonable, and if not
b) what provision would be reasonable.
There are a number of factors that will be taken into account.

Should you feel you have a claim, it is a good idea to get in touch with a dispute resolution solicitor immediately, as such claims must be issued at court within six months of the grant of representation (ie. the date the will was proved).

To avoid this problem altogether, you should seek the advice of a specialist solicitor in our Private Client team to ensure that you have made adequate provisions in a professionally drafted will.

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Contact a specialist Dispute Resolution Solicitor today

If you need legal advice about an inheritance issue, please contact us on 0800 437 0080. Alternatively fill out the online enquiry form for a confidential, no-obligation discussion.