Inheritance Act Claims | Irwin Mitchell Solicitors

What To Do If You Haven’t Been Provided For On A Loved One’s Death

The death of someone you love can be incredibly hard to deal with.

It can be made even more difficult if you find out that:

  1. You have not provided for you in their will or;
  2. They died without a will and that you are not a family member who benefits.

We have helped many people to make successful claims under the Inheritance Act, after unexpectedly finding that they are not properly provided for on death.

In this video, Samantha Ewing, a solicitor specialising in will disputes, talks about Inheritance Act claims.

We can also help if you are an executor or beneficiary and someone else is contesting the Will for this reason.

We’ll offer you clear advice and support you at this difficult time.

Who Can Make An Inheritance Act Claim?

If someone has died, the Inheritance Act allows certain people to make claims against the estate if they have not been reasonably financially provided for. If you fall into one of the categories below, you may be able to make a claim:  

  • The wife, husband or civil partner of the person who died
  • A former wife, husband or civil partner who has not since remarried or formed another civil partnership
  • Someone who lived with the person who died for at least two years before the death
  • A child of the person who died
  • A person treated as a child of the person who died
  • Someone who has been financially supported by the person who died up until the death

We can advise you on the law and your rights, regardless of whether there was a Will or not. Our dedicated team of lawyers specialise in contesting Wills, so you know you’re working with real experts. Many of the team are members of the Association of Contentious Trust and Probate Specialists and have years of experience in these cases.

The Inheritance Act requires you to prove that what has been left to you is not enough to meet your needs. What is and isn’t considered to be reasonable will depend upon a number of different factors, set out in the Act itself, and on your individual circumstances. We can talk you through this in clear and simple terms.

How We Can Help You Contest A Will

Our solicitors can help you make your Inheritance Act claim by guiding you through each step of the legal process. We can explain your position within the law in plain language without overloading you with lots of legal jargon and technical terms.

We offer clear and practical advice that will help simplify and speed up the claims process. Our legal helpline is available 24/7, so you can always speak to someone about your case.

If you’re worried about going to court, you’ll be pleased to know that we resolve most of our cases out of court by using mediators. This keeps costs down and also means most disputes are resolved in 6-9 months.

We can also offer advice on how to fund your claim. There is a range of funding options available to you, including:

  • A ‘no win no fee’ agreement*
  • Legal expense insurance (often included with home insurance policies)

We will talk you through all of the available options and help you to make the best decision for your particular situation.

We’re a national law firm with offices up and down the country, so we can help you wherever you are.

Contact Us for Free Advice

If you would like to talk to one of our experts about making a claim under the Inheritance Act, contact us for a free initial discussion with no obligation.

* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Support4Disputes insurance policy and complying with your responsibilities under its terms.