If you have been excluded from a will or have not been left as much as you were expecting, it may be possible to make a claim using the Inheritance Act 1975.
It is surprisingly common for individuals to make a Will that fails to make adequate financial provision for their surviving spouse / partner, or family members or dependants. When this occurs a person often has no alternative but to make a claim against an estate to ensure that they receive the provision they deserve.
These cases are made under the Inheritance (Provision for Family and Dependants) Act 1975.
Who can make a claim?
A claim can potentially be made by the deceased’s:
- Spouse / Civil Partner
- Partner living with the deceased for at least 2 years
- Divorced spouse (in limited circumstances)
- Child
- Person treated as a child of the deceased
- Person being ‘maintained’ by the deceased immediately prior to their death
What can be claimed?
If a claim is established the court has the power to make a wide range of orders against the estate such as a lump sum, trust or periodical payments. A successful claimant is entitled from the estate to either:
- Such reasonable financial provision as is necessary for maintenance, or
- Spouse / Civil partner – reasonable financial provision
Factors taken into Account
If no reasonable financial provision has been made the court will consider the following factors in deciding how to exercise its powers:
- Financial resources and needs of the claimant and other beneficiaries
- Deceased’s moral obligations
- Size and nature of the estate
- Capacity of the claimant
- Claimant’s conduct
- Duration of the marriage (if applicable)
- Claimant’s education requirements
Time Limit
There is a 6-month time limit to bring an Inheritance Act claim from the date of the grant of probate. This can the extended in exceptional circumstances.
