Can You Make An Inheritance Act Claim?
Depending on the circumstances, you can make a claim for reasonable financial provision from a deceased person’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
As certain individuals are eligible, it may be that you are able to make an Inheritance Act claim if you have not inherited due to intestacy, been left out of a will or left a smaller amount than you need.
What Is The Inheritance Act?
The Inheritance Act enables people to claim for further financial provision where it is deemed necessary and allows the courts to redistribute the deceased’s estate accordingly.
Individuals who may be able to make a claim are those who 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 they need
Who Can Make An Inheritance Act Claim?
Certain family members and dependants can make a claim under the Inheritance Act for reasonable financial provision that is necessary for their maintenance. The exception to this is for a surviving spouse or civil partner who is entitled to reasonable financial provision regardless of whether it is needed for maintenance.
As a guide, the following family members and dependants can make a claim, although there are certain requirements that may need to be met by the individual:
- Spouse or Civil Partner
- Former Spouse or Civil Partner
- Biological child or adopted child or anyone treated as a child of the deceased
- Dependant of the deceased
How We Can Help With Making An Inheritance Act Claim
If you feel you have not inherited as much of the estate or you have not inherited at all, whether due to the rules of intestacy or being left out of the will, following the death of a loved one, you may be able to make a claim under the Inheritance Act 1975 – and we can provide you with all the supportive specialist advice you need to make such a claim.
Whether you want to bring a claim against an estate or defend a claim against an estate, we have a team of experienced and supportive Wills and Probate Solicitors, who will guide you at every stage of the process, including the initial establishment of your circumstances and whether you have a right to claim.
We can also help if all parties involved in the estate agree that the provisions of a will need to be changed but are unsure how to plan for this, something that often occurs where children are concerned.