Inheritance Act Claims

If you’ve been left without enough financial support after a loved one’s passing, you might be eligible to file an Inheritance Act claim. This Act, also known as the ‘Provision for Family and Dependants’ Act of 1975, permits qualifying individuals to seek financial compensation from the deceased person’s estate.

To file an Inheritance Act claim, you must fall into one of the following categories:

• Surviving spouse or civil partner of the deceased
• Former spouse or civil partner of the deceased (with some exceptions)
• Cohabiting partner who lived with the deceased for at least 2 years before their death
• Child of the deceased
• Person treated as a child of the deceased’s family (such as a step-child)
• Person who was financially supported by the deceased.

An Inheritance Act claim must usually be issued within 6 months of the date on which a grant of representation (either a grant of probate or a grant of letters of administration) is issued but you should seek legal advice as early as possible as there will be investigations and enquiries to be made to prepare your claim.

All Inheritance Act claims aim to secure reasonable financial provision from the deceased person’s estate. The calculation of this provision will vary depending on whether you are a surviving spouse or civil partner, or fall into any of the other categories of claimants.

Please note that even if you qualify as an eligible claimant, success in a claim against the estate is not guaranteed. The court has the discretion to redistribute the deceased person’s estate based on various factors, including the estate’s size, other claims against the estate, provisions made in the deceased person’s will or in the case of intestacy (if there is no will), and the obligations the deceased person had towards you and others.

We have extensive experience in handling Inheritance Act claims and strive to resolve your dispute with minimal hassle and stress for you. Please contact us today for further advice.