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Inheritance Act claims – and how to avoid them

New data from the Ministry of Justice shows that court orders under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Inheritance Act’) rose 38% between 2019 and 2023.

  • 09 September 2024
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Older couple reviewing documents at table with advisor

The Inheritance Act allows individuals who were related to, or financially dependent, on the person who has died to seek a greater share of the estate than they were left in the deceased’s Will or allowed under the intestacy rules. This typically includes children and grandchildren who relied on the deceased family member for financial support.

Last year marked the highest number of successful claims made under the Inheritance Act in at least five years.

Examples of issues that could lead to a successful Inheritance Act claim:

Property: A house being left to one out of several children, with other children being left little or nothing from the estate.

Fees: School fees being paid only for one grandchild, over other grandchildren.

Personal Items: Items with an emotional connection being left to a different family member from the one who expected them.

Collections: Assets such as car collections are often divided up by executors rather than as specified in the Will, and do not end up with the intended heirs.

How a well-crafted Will can help

Increasing numbers of people are willing to go to court to fight for the inheritance they feel they deserve. A carefully drafted Will, created with professional guidance, can significantly reduce the risk of a successful Inheritance Act claim. A lawyer will be able to identify and address potential sources of disputes before they arise, ensuring your final wishes are carried out as you intend in your Will, and minimising the possibility of a dispute after your death.

How TWM can help you

At TWM, our specialist private client solicitors have the expertise to help you navigate through the options available when drafting your Will, ensuring that your interests are safeguarded against future claims.

For more information or advice, please contact our Private Client team today for an initial no-obligation consultation.

Author

Laura Walkley profile picture
Laura Walkley

Partner and Head of Private Client

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