Not everyone is entitled to make a claim under the Inheritance Act. In fact, the law limits the claims to the following specific set of people: 

• A spouse or civil partner (current or former*) of the Deceased; 

• A child of the Deceased; 

• A person treated like a child of the Deceased; 

• A person who, immediately before the death of the Deceased, was being wholly or partly maintained by the Deceased; 

• A person who, during the two years prior to the Deceased’s death, was living in the same household as the Deceased as if they were married or civil partners (i.e. cohabiting unmarried partners). 

* A former spouse or civil partner is only eligible if they have not remarried or formed a new civil partnership. 

What is ‘reasonable’ is dependent on a number of circumstances listed in the Inheritance Act, including: 

• Your financial need now and in the future 
• Others’ financial need now and in the future; 
• The obligations and responsibilities which the Deceased had to you and others; 
• The size and nature of the estate; 
• Yours and others’ health; 
• Any other relevant factors. 

For spouses and civil partners, the following factors are also taken into account: 

• The spouse’s / civil partner’s age; 
• The duration of the marriage; and 
• The contribution made by the spouse / civil partner to the welfare of the family of the Deceased. 

Spouses or civil partners of the Deceased are entitled to claim for what is ‘reasonable’ in all the circumstances, irrespective of whether that provision is needed for their maintenance.  

On the contrary, all other claimants e.g. children or cohabiting partners of the Deceased, are entitled to claim only for what is ‘reasonable’ for their maintenance.  

Claims of this nature are very circumstance dependant and cannot be made simply because you are disappointed that you did not receive anything. There are a number of things that we must consider when assessing the viability and merit of such claims and so if you fit into any of the above categories and wish to consider a claim, please do get in touch. 

An important point to note if you are considering a claim under the Inheritance Act is that a claim must be brought with the Court within 6 months of the date of the Grant of Probate / Grant of Letters of Administration, otherwise, you will require the Courts permission to bring a claim.  

If you have any concerns about time limits or the Grant has already been obtained, please do get in touch to discuss your options.