Are you struggling financially and feel that you should be entitled to some provision from the estate? If this sounds like you, and you fit within the category of ‘eligible claimants,’ you may be able to make a claim under the Inheritance Act.
On the opposite side, you may be the executor or beneficiary of an estate facing the prospect of having to defend against a claim brought under the Inheritance Act.
Either way, as specialists in contentious probate, we have successfully represented hundreds of clients both making and defending claims under the Inheritance Act.
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 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:
For spouses and civil partners, the following factors are also taken into account:
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.