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The death of a partner or close family member is always a difficult and emotional time. But what if you then find that the person died without a Will, or hadn’t updated it for many years, meaning that you have not been left what you think you are entitled to, or what the deceased would have wanted you to have?
With approximately 40% of adults not making a Will and many others failing to update their Will, that is the unfortunate position that countless people find themselves in. Luckily, and while by no means a perfect solution, help is available in the form of the Inheritance (Provision for Family & Dependants) Act 1975 (“the 1975 Act”).
The 1975 Act is a piece of legislation that allows certain categories of people to challenge what they consider to be insufficient financial provision made for them from a deceased person’s estate. The categories of people that the Act helps are:
The aim of the 1975 Act is to provide the applicant with reasonable financial provision from the deceased’s estate, although the meaning of this will differ for each category of person.
If you find yourself in this situation, our specialist Will, Trust and Disputes team has considerable expertise and experience in pursuing such claims. The majority of such claims are ultimately resolved without the matter proceeding to trial, although we believe it is important to always prepare and proceed on the assumption that the matter may end up in Court. We, therefore, pay particular attention to gathering all relevant evidence and information necessary to pursue a claim at an early stage in the process.
Partner in Dispute Resolution
The Inheritance Act 1975 allows certain individuals to make a claim against an estate if they believe they have not been adequately provided for in the deceased’s Will or under the rules of intestacy.
Certain categories of individuals, including spouses or civil partners, former spouses or civil partners, cohabiting partners, children (including adult children), and others who were financially dependent on the deceased, may be eligible to make a claim under the Act.
Claims can be made on various grounds, including lack of reasonable financial provision for the claimant’s maintenance, where the Will or intestacy rules do not adequately provide for the claimant’s needs, or if the Will fails to recognise certain relationships or obligations.
Courts consider several factors when assessing claims, including the financial needs and resources of the claimant, the deceased’s obligations and responsibilities towards the claimant, the size and nature of the estate, any disabilities or health issues of the claimant, and other relevant circumstances.
Claims under the Act must typically be made within six months from the grant of probate or letters of administration. However, the court has discretion to allow claims outside this time limit in certain circumstances, so it is essential to seek legal advice promptly.
If you believe you have a valid claim, it is crucial to seek legal advice from a specialist solicitor experienced in inheritance disputes. They can assess your case, explain your rights and options, and guide you through the process of making a claim.
Many claims are resolved through negotiation or mediation, where parties reach a mutually acceptable agreement outside of court. In cases where a settlement cannot be reached, the matter may proceed to court for a judge to make a decision.
Yes, if you believe you have not been adequately provided for in the deceased’s Will, you may be able to make a claim under the Inheritance Act 1975, even if you have been entirely excluded from the Will.
The court can order various forms of financial provision, such as a lump sum payment, regular payments, or the transfer of specific assets.
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