Claims under the Inheritance Act

If you have been left out of a Will or received less than you reasonably need, you may be wondering if you can make a claim against the deceased’s estate. Certain individuals are eligible to ask for financial provision after a death, including the deceased’s partner and children. It is also possible to make a claim if the deceased did not leave a Will. We provide specialist advice about how claims under the Inheritance Act are dealt with, who can make a claim and how much you might expect to receive.

At Lockings Solicitors, our inheritance claims solicitors have a proven track record of success in securing payments for clients who have been omitted from a Will or have not received anything from someone’s estate. We know that this is a difficult situation and you will find our team to be sensitive and understanding.

We have many years of experience in Wills claims and our lead solicitor, Associate Director Sarah Thomsen, is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS), the leading organisation for lawyers with expertise in this area of law.

As well as providing first-class advice and representation, we also offer exceptional service. We will ensure that complex issues are explained in plain English and that you have a clear understanding of the process and what will be happening next in the course of your claim. We will stay in touch throughout to keep you up to date with progress.

We are easy to contact and you will be able to speak to the solicitor dealing with your case as needed to discuss developments and ask any questions you may have. We can use the method of communication that most suits you, whether this is phone contact, Zoom, Microsoft Teams, email or in-person meetings.

There is a strict six-month deadline to bring an Inheritance Act claim to the Court, so it is advisable to speak to a specialist solicitor as soon as possible.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our contact form and we will call you back promptly. We have offices in Beverley, Hull and York but represent clients across the UK and abroad if it relates to English property and estates.

What is the Inheritance Act?

The Inheritance (Provision for Family and Dependants) Act 1975, commonly referred to as the Inheritance Act, exists to ensure that certain individuals are supported after a death. While it is open to everyone in the UK to leave their estate to whomever they wish, the law recognises that there is some responsibility to ensure that certain people have reasonable financial provision.

If someone is not provided for after a death, either because the deceased left them out of their Will or because no Will was made, they may be able to make a claim.

Making claims under the Inheritance Act

The law surrounding Inheritance Act claims is complex and needs to be carefully applied, taking into account your particular situation. Having correct advice at the outset is crucial.

As an acknowledged contentious probate specialist and ACTAPS member, our department head is familiar with all types of claims and will be able to identify the best approach. We will make sure that you are given a clear assessment of the strength of your case as well as any potential weaknesses that we may have to deal with.

While claims against an estate are not straightforward and it can sometimes be difficult to secure a legacy, our team have an excellent track record and will put forward a robust case on your behalf.

Executors are often willing to negotiate with solicitors to avoid protracted legal action. By instructing acknowledged Inheritance Act experts, you will be putting yourself in a strong tactical position. We have the expertise to emphasise the strongest aspects of your claim and the experience to push hard in negotiations.

Who can make claims under the Inheritance Act?

The Inheritance Act provides that the following individuals are eligible to make a claim:

• A spouse or civil partner of the deceased
• A former spouse or civil partner, provided they have not remarried or entered into a civil partnership
• Someone who lived with the deceased as a husband or wife for at least two years prior to their death, i.e. a cohabiting partner
• A child of the deceased, to include an adopted child
• Anyone treated as a child of the family by the deceased
• Anyone being financially maintained, either wholly or partly, by the deceased immediately prior to their death. This can include support by way of money, gifts or the provision of housing

What can you claim under the Inheritance Act?

With the exception of the deceased’s spouse or civil partner, those making an inheritance claim are only entitled to reasonable financial provision. This is sufficient money that they will be living in neither luxury nor poverty.

The court will take into account the points listed in section 3 of the Act when deciding on the amount that it would be fair to award, as follows:

• The financial resources you have available to you and those that you will have in the future
• Your financial needs, both now and in the future
• The needs and resources of the other beneficiaries of the deceased’s estate
• Obligations and responsibilities that the deceased had in respect of their beneficiaries and of anyone else who might have a claim against the estate
• Any physical or mental disability on the part of any beneficiaries and of anyone else with a claim
• Anything else which the court considers relevant, including the conduct of the person making the claim and anyone else involved

A spouse or civil partner can claim a higher amount, generally in line with what they might have expected to receive in a divorce or dissolution.

Is there a time limit for Inheritance Act claims?

A claim should be started within six months of the date of the Grant of Probate or Grant of Letters of Administration. You should speak to an Inheritance Act solicitor as soon as possible if you believe you have a valid claim, so that the papers can be filed by the deadline.

If you have missed the deadline, you may still be able to apply. The court will need to know why the deadline was missed and, if you have a reasonable reason, you may be given permission to make your claim out of time.

Contact our Specialist Team for Inheritance Act claims

If you believe that you have a valid claim for inheritance provision, call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our contact form and we will call you back promptly. We have offices in Beverley, Hull and York but represent clients across the UK and abroad if it relates to English property and estates.

The content on this website is for information only and is not intended to provide specific legal advice to a particular case. Should you require legal advice in relation to your particular situation then please do not hesitate to contact us.