This legal avenue aims to ensure that reasonable financial provision is made for certain family members and dependants who may have been left out or inadequately provided for in the deceased’s Will (or if they did not have a Will, by the rules of intestacy). In this article, we’ll explore the steps involved and considerations to keep in mind when pursuing (or defending) such a claim.
The Inheritance Act allows specific categories of claimants, such as spouses, children, and dependants, to challenge the distribution of an estate if they believe they have not been adequately provided for. To initiate a claim, it is crucial to understand the eligibility criteria and the legal grounds on which a claim can be made.
How do you deal with an Inheritance Act claim?
The Inheritance Act claim must ordinarily be made within six months of the date that probate was granted. However, depending on your circumstances, you may be able to proceed with a claim for reasonable financial provision outside of the six-month window. You should start the process by consulting with a solicitor specialising solely in this intricate area, as having an expert provides real value. A solicitor can give you expert advice on the strength of your case and the potential outcomes.
Alternative Dispute Resolution (ADR)
A solicitor can also advise you on the potential methods of ADR such as trying to negotiate a settlement (if appropriate), either by making offers or, alternatively, by mediation. Mediation does tend to be strongly suited to claims under the Inheritance Act.
Court proceedings
If ADR does not lead to a satisfactory conclusion, the next step is to issue court proceedings. Currently, it takes around a year from the date court proceedings are issued to reaching a trial. At TWM, our specialist Wills, Trust and Estate Disputes solicitors will help you prepare to present your case in the best possible light. At the trial, the court will assess the case and make a determination on whether the surviving spouse has been adequately provided for or not.
What factors determine the success of a claim?
The court will consider the following factors:
- The financial needs and resources of the claimant (and any other claimants)
- The financial needs and resources of the other beneficiaries
- Any physical or mental disability of the claimant
- Any obligations and responsibilities which the deceased had towards any applicant
- The age of the applicant
- The duration of the marriage
- The contribution made by the claimant to the welfare of the family of the deceased, including any contribution made by looking after the home or caring for the family
- The size and nature of the estate
- Anything else the court feels is relevant such as the conduct of the parties.
The court’s decision
The court adopts a broad-brush approach, allowing the judge a wide range of decisions that may be considered acceptable. The court may order a variation of the Will or the rules of intestacy to ensure that the Claimant is properly provided for, or, they may declare that the claimant has already been properly provided for.
How TWM can help you
Navigating a claim under the Inheritance Act requires a careful and detailed understanding of the legal framework and diligent preparation. Seeking professional expert legal advice is crucial to ensure a smooth and fair resolution that meets the needs of all parties involved.
