Defending a Claim

In short, the Inheritance Act of 1975 was created so that those associated with the deceased can bring a claim against their estate. This typically occurs when an individual feels they haven’t been adequately provided for. Separate from a Will claim (which may challenge or contest the validity of a Will), the Inheritance Act of 1975 is seen as an independent claim that can be made, despite the existence of a ‘valid’ Will made by the deceased.

There are many people who can claim under the 1975 act, these include:

– The spouse of the deceased

– A former spouse of the deceased who has not remarried 

– A person who lived with the deceased, as if married, for two years prior to the death of the deceased

– A child of the deceased

– A person ‘treated as a child’ of the deceased

– A person that was maintained by the deceased, upon the time of death

Yes! It has a strict time limit of six months, which begins from the date that a Grant of Probate is obtained for bringing a claim (part of the administrative process required in England and Wales by the Executor/s) in order to ‘access’ the assets of the deceased person’s estate). 

Whilst it is sometimes possible to bring a claim outside of these six months, an approval from Court is absolutely essential. Therefore, in order to obtain this approval it is necessary that the party seeking to make a claim act swiftly!

Yes! This can be possible if the deadline for bringing a claim hasn’t already passed, all parties are of the capacity and they all agree to it. This would mean entering a contract, which would stop another party from opposing any claim being brought out of time. 

However, there are always risks associated with pressing pause on the process of making a claim. Therefore, it is essential that legal advice is sought out to discuss the suitability of entering such a contract.

The evidence that the ‘Act’ requires is predominantly based on financial circumstances. So, there are many essential details that must be obtained such as, the estate value, the beneficiaries’ finances, and crucially your own finances.

Step Two: A specialist Solicitor will be able to assess the merits of the case and establish if it is worth pursuing a claim and if so, the potential it has of succeeding.

Seek Legal Advice: seeking legal advice immediately is the best step you can take, especially if you are a beneficiary of an estate that a claim has been made against. It is also important that you cooperate with the party bringing a claim – you can do this by gathering all the relevant legal materials and information needed, regarding the deceased’s estate. 

Eligibility: the best strategy to defend an inheritance claim can be proving that the individual bringing the claim doesn’t meet the criteria to do so. This can be challenging, as you must also be able to prove that the individual wasn’t financially dependent on the deceased and that they have no need for any future maintenance.

Executors/Personal Representatives do have a responsibility to provide certain documents to assist any dispute. They don’t need to wait until formal court proceedings are started. But equally, once court proceedings are started, the Executors/Personal Representatives do have an obligation to respond to the claim and to provide certain documents.

Whilst testamentary freedom (the right for an individual to decide who receives their assets after they die) exists in England and Wales, the 1975 act can restrict that freedom in certain circumstances. 

This can mean that many feel as though claims made under the 1975 Act, are unfair or usurp the deceased’s wishes. 

Unfortunately if a person making a claim under the 1975 Act has good enough grounds for doing so, it is likely that the deceased’s estate will need to be distributed differently to the terms of their Will (or the Intestacy Rules if there is no valid Will).

Yes! Whilst it isn’t necessarily a legal requirement, it is always a good idea to obtain advice from a specialist. But only certain professionals are authorised to provide advice in a dispute, so it is important to choose carefully. 

If you are someone considering claim, a beneficiary who has been notified of a claim or an intended claim, an Executor or Personal Representative of an Estate that has received notification of a claim or intended claim – you are likely to benefit from an initial zero obligation discussion with one of IDR’s experts so please do get in touch at: [email protected]