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Inheritance Claim Disputes

The Inheritance (Provision for Family and Dependants) Act 1975 provides protection for certain categories of people where reasonable financial provision has not been made for them in the deceased’s Will or, if there is no Will, under the Intestacy Rules.

Who Can Bring a Claim?

Under the Inheritance Act, the people that can usually bring a claim for such provisions are:

  1. The spouse or civil partner of the deceased.
  2. A former spouse or civil partner of the deceased who has not remarried.
  3. A person who, for two whole years before the deceased’s death, was living in the same household of the deceased as a spouse of the deceased.
  4. Someone who was treated by the deceased as a child of the family (“family” may have been just the deceased and the person bringing the claim).
  5. Someone non-related who, immediately prior to the deceased’s death, was being maintained either wholly or partly by the deceased.

What Type of Award Can the Court Make?

The Inheritance Act lists the awards that could be made to claimants. These are granted at the Court’s discretion, and include:

  1. Periodical payments to be made out of the Estate.
  2. A lump sum payment to be made out of the Estate.
  3. The transfer of property within the Estate.

What Factors Will the Court Consider?

The Court will take the following into account when deciding if awards should be made:

  1. The financial resources and needs of the applicant, as well as those of any other applicants or beneficiaries of the Estate. This includes their current financial situation and their likely circumstances for the foreseeable future.
  2. Any obligations and responsibilities the deceased had towards the applicant or any beneficiary of the Estate.
  3. The size and nature of the Estate.
  4. Any physical or mental disability of either the applicant or any beneficiary of the Estate.
  5. Any other matter that the Court considers relevant, including the conduct of those involved.

When Can a Claim be Brought?

In general, a claim must be brought either before or within 6 months of the Grant of Probate being obtained.

How Can Jackson Lees Help?

The Dispute Resolution team at Jackson Lees has considerable expertise in successfully bringing and defending Inheritance Act claims, and offer a fixed fee service for initial advice.

If you think you might be eligible to claim under the Inheritance Act, please call us today or fill in the enquiry form on this page.