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Inheritance Act Claims – FAQs

What Is The Inheritance Act?

The Inheritance (Provision for Family and Dependants) Act 1975 enables people to claim for financial provision in cases where it is deemed necessary and allows the courts to redistribute the deceased’s estate accordingly.

Can You Make An Inheritance Act Claim?

You may be able to make a claim if you have:

  • Not inherited because there is no will and the deceased died intestate
  • Been left out of a will completely
  • Not been left as much as you need

You have Been Left Out Of A Will, Can You Claim?

Certain family and friends are able to make a claim in this instance, yes.

You have Not Inherited As Much As Expected, Can You Claim?

Certain family and friends are able to make a claim in this instance, yes.

The Deceased Promised To Leave You Something In Their Will But Didn’t, Can You Claim?

You may be able to if you can prove you were disadvantaged by depending on that promise – a claim known as a ‘proprietary estoppel’.

Who Is Able To Make An Inheritance Act Claim?

As a guide, the following individuals may be able to make a claim:

  • Spouse or Civil Partner
  • Former Spouse or Civil Partner
  • Cohabitee
  • Biological child or adopted child or anyone treated as a child of the deceased
  • Dependant of the deceased

How Much Can You Claim For?

You can claim for a reasonable financial provision that is necessary for your maintenance, if you have a claim – but the amount does depend on how much the estate is worth, your financial circumstances, and if you were dependant on the deceased.

When Can You Make A Claim?

You need to make a claim within 6 months of the Grant of Probate or Grant of Letters of Administration. However, if you have a good reason for the delay, a claim can sometimes be made after the 6-month period although it’s a good idea to seek legal advice as delays can go against you when making a claim.

How Do You Fund Your Claim?

There are different options available for individuals who have a case for an Inheritance Act claim. Certain home insurance policies cover legal fees, for example. We would be happy to talk you through the options based on your individual circumstances, to find the best solution for you.

To speak to one of our specialist solicitors about making an Inheritance Act claim or defending an Inheritance Act claim, contact us on 0800 988 3674 or 01244 311 633 or email advice@bartletts.co.uk